The High Court · 2025

Petition under Articre 226 0t the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or direction more in the nature of Mandamus, declaring the action of the respondents in seizing the (.r) Tractor No. TS 02 uc 8268 and rrairer No. TS 02 uc 8269 0f the 1st petitioner (2) Tractor No' TS 02 uD 3593 and rrairer No. TS 0'r rJB 1494 0f the 2nd petitioner and (3) Tractor No. rs 02 uc 8439 and rrairer No. TS 02 uc 8438 of the 3rd petitioner, without fo'owing any procedure under statutes contemprated under Section gQ l l I sub section 7 of Minor Mineral concession Rules belonging to me as being illegal, arbitrary and against the principles of natural justice and violative of Articles 14, 16, 19 (i )(g), 21, 3oo-A and 301 of constitution of India and consequently direct the respondents to release the Tractor No. TS 02 uc g268 and rrailer No. TS 02 uc 8269 of thq 1st petitioner (2) Tractor No. TS 02 UD 3593 and rrailer No. TS oi uB 1494 of the 2nd petitioner and (3) rractor No. TS 02 UC 8439 and Traiter No. TS 02 UC 8438 of the 3rd petitioner. 1A NO: 1 OF 2025 Petition under section 151 cpc praying that in the circumste nces stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents to release the vehicles (1) Tractor No. TS 02 UC 8268 and Trailer No. TS 02 uc 8269 of the'tst petitioner (2) Tractor No. T{i 02 uD 3s93 and rrailer No. TS 01 uB 1494 of the 2nd petitionerand (3) Tractor No. TS 02 UC 8439 and rrailer No. TS 02 uc 8438 of the 3rd petitioner, forthwith pending the disposal of the above WP. Counsel for the Petitioners : SRI T.LAKSHMI NARAYANA counser ror the Respondents No'1&4 ' iEJTBR'J,l,tt X[B%";.,.oo" Counsel for the Respondents No.2 : SRI M.SRINIVAS, AGp FOR H()ME Counsel for the Respondents No.3 : Ms.SWETCHA, Gp FOR REVENUE The Court made the following: ORDER THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA trIRIT PEf,ITION No.520 of2025 Mr. T, takshmin arayana,learned counsel for the petitioners' Mr. K.Goutham Reddy, the learned Assistant Government Pleader for Mines ;;p;"g Mr. M.Srinivas, learned Assistant Government Pleader for Home appearing for the resPondent No 2' for the respondent Nos' 1 and 4' Ms,T.Swetcha,leamedCounselrepresenting.thelearnedGovernment Pleader for Revenue appearlng for the respondent No 3' ORDER: Learned counsel appearing for the petitioners as well as the Iearned Assistant Government Pleader for Mines and Geolory submits that the writ petition may be disposed of in terms of the orders passed by the Co-ordinate Benches 1n similar factual circumstances' -

2. The hrst order placed before the Court was passed on the second order was 24.03.2021 in W.P.No'7253 of 2O2l and passed on 13.03.2O2O in W'P'No'S7Lt of 2O2O ' The petitioners also rely on a third order dated 26'02 '2O2O in W'P'No'4086 of 2O2O. Allthe three orders involved the prayer for release of the vehicles by the respondent No'2' The Co-ordinate Benches directed the petitioners therein to approach the jurisdictionai Magistrate for hling appropriate applications for release of the vehicles and rely on G'O'Ms'No'15' Industries and Commerce 2 (Mines-I) Department, dated 79.O2.2015 for that purpose. The petitioners therein were also given liberty to make a1>plications before the respondent No.2 therein for release of the vehicles and the respondent No.2 was at liberty to pass airpropriate orders on the filing of such applications in terms oI the said G.o.

3. The learned Assistant Government pleader fc,r Mines submits thar_ the pedtioners may also be called upon tc, pay the stipulated penarty as per clause 12(2) of G.o.Ms.No. r 5, dated

19.O2.2015 4 to direct the approaching Considering the submissions made, this Court deems it fit penalt5r before petitioners to pay the required the jurisdictional Magistrate or the respondent No.2. vehicles. Magistrate lurisdi<:tional

5. W.p.No.S2O of 2O2S ls accordingly disposed of giving liberty to the petitioners to approach the anrl to make an application for release of the The petitioners shall also be at liberty to directly approach the respondent No.2 for release of the vehicles. The Authority concerned shall act in accordance with G.O.Ms.No.lS, dated 19.O2.2O15. The Authority concerned sha_ll dispose cf the application filed by the pedtioners within a week from the date I 3 of such application being Iiled for release of the vehicles- The petitioners shail also deposit the required penalty before the Assistant Director of Mines and Geologr concerned, within 7 dayS from 07.O1.2025.

6. Since the Tax validity of the said vehicles has expired long back, the Transport Authorities shall verify this issue before release of the vehicles. The Transport Authorities shall also verify the Registration number of the vehicles in question and be at liberty to impose the penalty if there is any violation in this regard.

7. As submitted by the learned Assistant Government Pleader for Mines and Geologr, the petitioners in similar cases shall make the Assistant Director of Mines and Geologz concerned as a party to such leave applications'

8. Miscellaneous Applications, if any, pending in this writ petition stand closed. There shall be no order as to costs' //TRUE COPY// SD/-P.PADMANABHA REDDY ASSISTANTREGISTRAR \." ,/r SECTION OFFICER To,

1. The Principal Secretary, Mines and Geology Department, Secretariat Buildings, State of Telangana, Hyderabad.

2. The Station House Officer, Manakondur PS, Mankondur Mandal, Karimnagar District.

3. The Tahsildar, Manakondur Mandal, Karimnagar District. 4. The Assistant Director of Mines and Geology, Karimnagar District at Karimnagar.

5. One CC to SRI T.LAKSHMI NARAYANA, Advocate. TOPUCI 6. Two CCs to GP FOR MINES AND GEOLOGY, High Court for the State of Telangana. [OUTJ (ztty, I ;;s Y 7 B I Two CCs to GP FOR HOME, High Court for the State of Telarrgana at Hyderabad. [OUT] ].wg CCs to GP FOR REVENUE, High Court for the State of T.elangana at Hyderabad. [OUT] Two CD Copies. BSl(BSK ..ar! . :.:t t HIGH COURT DATED:0710112025 t ORDER WP.No.520 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS CI3 TODAY H -. STa r€ k q D I 0 jlili ?025 "S * o FI: r]aTC\ + I I