gr;5nf.t"fl v. The State of Telangana

Order

Heard learned counsel for petitioners, learned Government Pleader for Mints & Geolory appearing for respondent Nos.l & 2, learned Government Pleader for Home appearing for respondent No.3, learned Government Pleader for Revenue appearing for respondent No.4, and with the consent of the counsel appearing for

the respective parties, the Writ Petition is taken up for hearing and disposal at admission stage.

2. Shorn of unnecessary details, the case of the petitioners, in brief, is that their vehicle viz.,I-orry bearing No.TS 18 T 8887 was seized by the respondents on 26.12.2024, when the same was carrying sand for personal use.

3. Petitioners further contend that despite the petitioners approaching the respondents-authorities seeking release of the vehicle, the same has not been released, due to which the vehicle of the petitioners i.e., Lorry bearing No.TS 18 T 8887 is exposed to vagaries of the nature causing damage to the vehicle belonging to the petitioners, who are eking out their livelihood by plying the a loresaid vehicle.

4. Per contra, Iearned Government Pleader appearing on behalf of respondents submits that the authorities on noticing the 2 petitioners using the aforesaid vehicle for illegal transportation of sand, have seized the vehicre and registered a case uid_e crime No.I65 / 2024 <tn 30.12.2024.

5. Learned Government pleader further submits that on registering t.he aforesaid crime, the authorities have deposited the seized vehicle vtz., Lorry before the concerned court, and thus if the petitioners intend to seek release of the vehicle, t.hey have to approach Lhe c,:ncerned Court. 6 I have taken note of the respective submisSions rnade. 7 This Ootrrt, in similar circumstances in W.p.No.3S559 of 2024, whilc rlisposing of the said Writ petition by order dt.18.12.2o24, had granted liberty to the petitioner therein to approach the jurisdictional Magistrate and to make application seeking for release of the vehicle. This Court, in the aforesaid writ petition, has also granted further liberty to the petitioner therein to directly approach the 2nd respondent therein for release of the vehicle and rhe authority was directed to act in accordance with G.O.Ms.No. 1il, dt. 19.02.201S.

8. Further, this Court in the aforesaid Writ petition also directed the transport authorities to verify the registration of the vehicle and the tax validity before releasing the vehicle and also 3 granted liberty to the authorities to impose penalty in case of any violation in that regard' g. Having regard to the order passed by this Court in W.P.No.35559of2024,andinorder[omaintainparity,thisCourt is of the view that the petitioners herein are also entitled for being granted similar relief.

10. In view of the above, and for t1le reasons as stated in W.P.No.35559 of 2024, dt'18'12'2o24' and in terms thereoi this Writ Petition is disposed of' No order as to costs' I I. Registry is directed to append a copy of the order passed in W.P.No.35559 of 2024, dt'18'12'2024' to this order'

12. Consequently, miscellaneous petitions' if any' pending in these writ petitions shall stand closed' / t //TRUE COPY// SD/- V.HARI PRASAD ASSISTANT KqSTRAR \/ sEcrloN orplceR 1 . The Principal Secretary, Mines and Geology' Secretariat Buildings' Hyderabad, State of Telangana'

2. The Assistant Director, Mines and Geology Nizamabad District' 3. The Station House Officer, Morthad Police Station' Nizamabad District' 4. The Tahsildar, Morthad Mandal, Nizamabad District' 5. One CC to SRI JELLA SRIKANTH, Advocate [OPUC] 6.TwoCCstoGPFORMINESANDGEOLOGY'HighCourtfortheStateof Telangana at Hyderabad [OUTI T.TwoCCstoGPFoRHoME,HighCourtfortheStateofTelanganaat Hyderabad [OUTI

8. Two ccs to GP FOR REVENUE, High court for the State of Telangana at Hyderabad [OUTI

9. Two CD CoPies (Atong with the copy of order dated 18'12'2024' in W'P'No'35559 of 2024) BSR M,' -,8-,r* HIGH COURT DATED: 03101t202i CC TODAY ORDER WP.No.151 of Z02S r;iE S14 ({ ( ) C 03 Jr[ ]0?i > !: i, 1 . !-::-^:- I l,',\ - i-- DISPOSING OF THE WRIT PETITION, WITHOUT COSTS THE HON'BLE STIC.E MOUSHUMI BHATTACHARYA *o{ J l ETITION No.35559 of 2024 I Mr. Madas Bharath I dra, learned counsel for the petitione-r Mr. i<.Goutham Redd appearing for the Mr. M.Srinivas, I for the iespondent No. tlr. r."J.a Assistant Govemment Pteader for Mihes t Nos. 1 and 4 f,"","rJt Government Pleader for Home appearing el representing the learned Govemment fdr the respondent No.3. ER: Learned learned Assis ,TJ titioner as well as Mines submit that the writ petition I ldisRosed of in terms of the orders passed by the ordi|ate Benches in similar factual clrcums tances. c The hrst o before the Court was passed on

24.03.2021 in W J o. 72 passed on 13.03. ) 0 'L Iw of 2027 and the second order was P.No.571L of 2O2O. The petitioner 2O2O. A11 the 3 orde dated26.02.202O in W.P.No.4086 of ers involved the prayer for release of the relies on . thld I Itr ti6n'ers therein to approach the jurisdictional II tn. ,f"tor',aent No.2. The Co-ordinate Benche! Magistrate for frhrl! lappropriate applications for release of the directed the peti vehicles by vehicles and rely lrl ".o.itn".*o. 15, Industries and commerce i I l I I { i l I 1 (Mines-I) Depa petitioners the before the resl and the re.spo orders on the G.O. J. The lear SLl bmits that tl pulated penz t9 .o2.20t5

4. Consideri to direct the approaching tl No.2.

5. W.P.No.3, liberty to the pe and to mal<e E petitioner shali respondent No concerned shal

19.o2.20t5. Tt application filed E ! il! d 15 4 l"l* fr' i I t I i f eurpose. IIle annlicatipns the vehilf pass approp of the said l I I I ilpon to Pay .Ms.No. I 5 I Court deems i t i nenartv bef;re I respon osed of *'l'i* I i I Magis vehicle. approach 'i"j" r' iih' The Auth I,-:.i ":il the date of r*T ed S a 'J- I I I I '1 l I II I ,i J such application rlding fi led for release of the vehicle. The petitioner "nr, ,tJ deposit rhe Assistant oirectod J, ,,n." ,.,a / oays rrom-z" tr.fulr" 7 davs from-2 o.nLlzc. I required penalty before the Geologr concerned, withip

6. Since the 'f"l 'irufiai.y oi tt,. said vehicle has expired long back, the ,rrr"paf,a hiI. release of the ve authori Seti hall veri$r this issue before S I The ltransport authorities shall also veri$r the ' Registration n I ber drf the vehicle in question and be at I libertv to ,-oo"" [r, ."nr.O. 7. t n" "rt-tttJa Pt"i,a". ro. rrai.r"" L -.t1. tr,. a""i"t^J t.J a party to I 8. I Miscellaneo* "rr"f, .l I e I penhlty if there is any. viblation in this l t I he learned Assistant Government I Geologr, petitioners in similar cases shal1 Jo-,J r of Mines and Geologr concerned as appliCations. Applications, if any, pending in this writ p"ti[io., "tr.rd "lo"td Th"L e shall be no order as to costs MOUSHUMI BHATTACHARYA, J Date: 18.12.2024. Note: Issue C.C. to (B/O) vsu I l I I I t I I I I I I I { I I I I I I I