✦ High Court of India · 08 Jan 2025

1. Nanuvala Rajagopal v. 1. The State of Telangana

Case Details High Court of India · 08 Jan 2025
Court
High Court of India
Decided
08 Jan 2025
Bench
Not available
Length
1,088 words

Petition under Article 226 of lhe Constitution of India praying that in the circumstances stated in the affidavit filed 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 (1) Tractor No. NO.AP 25 AQ 2884 and Trailer No. TS 02 FB 6880 of the 1st petitioner (2) Tractor No.TS 02 UC TBB9 and Trailer No. TS 02 UC 7890 of the 2nd petitioner, without following any procedure under statutes contemplated under Section gQ Sub Section 7 of Minor Mineral Concession Rules belonging to Petitioner as being illegal, arbitrary and against the principles of natural justice and violative of Articles 14, 16, 19 (1Xg),21, 300-4 and 301 of Constitution of lndia and consequently direot the respondents to release the (1) Tractor No. NO AP 25 AO 2884 and Trailer No. TS 02 FB 6880 of the 1st petitioner (2) Tractor No.TS 02 UC TBB9 and Trailer No. TS 02 UC 7890 of the 2nd petitioner. lA NO: 1 OF 2025 Petition uncer Section 151 CPC praying that in the circumstances stated in the affidavit filec in support of the petition, the High court may be pleased to direct the respondents; to release the vehicles (1) Tractor No. NO.AP 25 AQ 2884 and Trailer No. TS 02 FB 6880 of the 'lst petitioner (2) Tractor No.TS 02 UC 7BB9 and Trailer t,lo. TS 02 UC 7890 of the 2nd petitioner forthwith pending the disposal of the above Writ Petition. Counsel for the Petitioner: SRI T.LAKSHMI NARAYANA Counsel for the Respondent No.1 & 4: SRI K.GOUTHAM REDDY' AGP FOR MINES & GEOLOGY Counsel for the Respondent No.2: SRI B.SRIDHAR, AGP FOR HOME Counsel for the Respondent No.3: M/s. T.SWETCHA, GP FOR REVENUE The Court made the following: ORDER THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA WRIT PETITION No.782 of 2o25 Mr. T. Lakshminarayana, learned counsel for the petitioners. Mr. K.Goutham Reddy, the learned Assistant Government pleader for Mines appearing for the respondent Nos. I and 4. Mr. B.Sridhar, learned Assistant Government pleader for Home appearing for the respondenl No.2. Ms, T.Sq,etcha, learned counsel representing the learned Government Pleader for Revenue appearing for the respondent No.3. ORDER: Learned.counsel appearing for the petitioners as well as the learned Assistant Government pleader for Mines submit that the writ petition may be disposed of in terms of the orders passed by the Co-ordinate Benches in similar factual circumstances. 2- The first order placed before the Court was passed on 24.O3.2021 in W.P.No.7253 of 2O2l and the second order was passed on 73.O3.2O2O in W.p.No.S Z ll of 2O2O. The petitioners also rely on a third order dated 26.02.2020 in W.p.No.4Og6 of 2O2O. All the 3 orders involved the prayer for release of the vehicle by the respondent No.2. The Co-ordinate Benches directed the petitioners therein to approach the jurisdictional Magistrate for liling appropriate applications for release of the vehicles and rely on G.O.Ms.No. 15, Industries and Comrnerce ) (Miner;-l) Department, dated. 19.02.2015 for that purpose. The petitioners therein were also given liberty to make applications before tht: respondent No.2 therein for release ot. the vehicies and *Le r.espondent No.2 rvas at liberty to pass ilppropriate orders on the filing of such applications in terms ,rf the said G.o

3. The learned Assistant Government pleader for Mines submits that the pedtioners may also be called upon to pay the stipulatr:d lrenalty as per Clause l2(2) of G.O.Ms,No 15, dated

19.O2.2015 Ccnsidering the submissions made, this Court deems it fit penalt5r before petitioners to pay the required the jurisdictional Magistrate or the respondent 4 to direcl tLLe approacl ing No.2. vehicles. Magistratt: disposed of giving the jurisdictional

5. W.I,.No.782 of 2O2S rs accordingly iiberty to the petitioners to approach and 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 <:onr;erned shall act in accordance with G.O.Ms.No.15, d,ated 79.02.2015. The Authority concerned shali disposr: of the application filerd by the petitioners within a week from the date 7 To, 1 J of such application being liled for release of the vehicles' The petitioners shall also deposit the required penalty before the Assistant Director of Mines and Geolo5/ concerne d' within 7 days lrom 1O.O 1.2025

6. As submitted by the learned Assistant Government Pleader for Mines and Geolory, petitioners in similar cases shall maketheAssistantDirectorofMinesandGeoloryconcernedas a party to such leave applications' Miscellaneous Applications, if any, pending in this writ 7 petition stand closed There shall be no order as to costs' SD/-N. SRIHARI ASSISTANT EGISTRAR /ffRUE COPY// SE ON OFFICER The Principal Secretary, Mines and Geology Department' Secretariat e;ilulngi, l-ivoerabad, State of Telangana' Manakondur P.S, Manakondur mandal'

2. The Station House Officer, Karimnagar District.

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

5. One CC to SRI T.LAKSHMI NARAYANA' Advocate IOPUCI 6. Two CCs to GP FOR MINEq AND GEOLOGY' High Court for the State of '' i"ringin, at HYderabad [oUT] 7. Two CCs to GP FOR HOME' High Court for the State of Telangana at 8. Two CCs to GP FOR REVENUE' High Court for the State of Telangana at Hyderabad [OUTI Hyderabad [OUTI

9. Two CD CoPies u BSR BS '{} _-::t: : HIGH COURT DATED: 0810112025 t ORDER WP.No.782 of 2025 G 1 Hl:- S I4 f(: o ,/ -'-) 0I JAli 20ffi €.( z o t DFc, .A * = DISPOSING OF THE WRIT PETITION, WITHOUT COSTS {o.\\y

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments