1. Avula Anil v. 1. The State of Telangana
Case Details
Acts & Sections
Petition under Article 226 of the constittrtion of lndia praylg that in the circumst-ances itut"d in t[e atriaavit filed therewith, the High court may be pleased to issue an appr.op-r.iate writ, orOer o.r d.irection more in the nature of Mandamus, declaring tn" "[ti* or tte respondents-in seizing the (1) Tra.lor No' NO.TS 21 T 7715ano rra'iier'No- TS 21 T 7714of the 1st petitioner (2) Tractor No.TS 36 H 5634 anO fraifer'ftfo'TS 22 T 9026 of the 2nd petit'roner'-without following any procedure ,nJ"i ii't't"t contemplated under Section 9Q Sub Section 7 of Minor MineJ Concession Rules belonging to the petitioners as being illegal, arbitrary ano lgalnlith; principlllof natural justice and- v.iolative of Articles 14, 16, fS tf Xg;"2i,--300-A unt gOt of Constitution of lndia and consequently direct the t"ip*i"nt" P .'"1"3T the.('l) Tractor N" 19]! ?l T 7715 andTraiter No. ts iii iiti of the 1st petitioner (2) Tractor No'TS 36 H 5634 and Traibr No. TS 22T 9026 of the 2nd petitioner' IA NO: 10F 2025 Petition under section 15't cpc praying that in the circumstances stated in th_e_affidavit fitel in support of the wrii ;.tiii;;:'t#'f_figh court may be pteased to orrect the respc,ndents to release tne vefricles iiifrr"tor. No. NO.TS b,t t ZllS and Traiter No. TS 21 T !!:l ottne r si pe-t,,ii,lnll. tzl Tractor No.TS 36 H 5634 :iirlr;;l;JJfi,rrs 22 r e026 of tn" znJ'ri"ti.o"n""r'rortn*itn pendins the disposat Counsel for the petitioners: SRI T. LAKSHMI NARAYANA Counset for the Respondent No.1 & 4: SRt K. GOUTHAM REDDY, ASST. Gp FOR MINES AND GEOLOGY Counsel for the Respondent No.2: SRI SRIDHAR BHUVANAGtRI, ASST. GP FOR HOME Counsel for the Respondent No.3:.Gp FOR REVENUE The Court made the following: ORDER I THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA WRIT PETITI ON NO. 1059 0F 2025 Mr. T. Lakshmi Narayana, learned counsel for the petitioners' Mr. K.Goutham Reddy, the learned Assistant Government Pleader for Mines the respondent Nos l and 4' "", Mr. Sridhar Bhuvanagiri, the leamed Assistant Government Pleader for Home appearing for the respondent No 2' t""r.o "poearini'for ORDER: Learned counsel appearing for the petitioners as well as the learned Assistant Government Pieader for Mines and Geologr appearing for the respondent Nos'1 and 4 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 hrst order placed before the Court was passed on 24.O3.2O21 in W.P'No'7253 of 2O2l and the second order was passed on 13 'O3.2O2O in W'P'No'S711 of 2O2O ' The petitioners also relies on a third order dated 26 'O2 '2O2O in W'P'No'4086 of 2O2O. AII the 3 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 jurisdictional Magistrate for frling appropriate applications for release of the vehicles and rely on G'O'Ms No' 15' Industries and Commerce (Mines-I) Department, dated 19 '02'2015 for that purpose' The ; rl, : I 2 petitio 1e rs therein were also given liberty to make applications before the, respondent No.2 therein for release of the vehicles and ttLe r.espondent No.2 was at liberty to pass appropriate orders on the filing of such apprications in terms of the said G.O.
3. The learned Assistant Government pleader for Mines and Geoiogr appearing for the respondent Nos. 1 and 4 submits that the petitioners may also be called upon to pay the stipulated penalty as per crause l2(2) of c.o.Ms.No.15, dated 19.02.20i5. 4 Considering the submissions made, this Court deems it fit petitioners to pay the required penaity before the jurisdictional Magistrate or the respondent to direct the approachinll No.2.
5. W.p.Nc, tO59 ot 2025 rs accordingly disposed of giving liberfy to the petitioners to approach the jurisdictional Magistrate and to make an application for release of the vehicle. The petitioners shall also be at liberty to directly apprr>ach the respondent No.2 for release of the vehicles. The Authority concernecl s]rall act in accordance with G.O.Ms.No.15, dated 19 .O2.2O15. The Authority concerned shall dispose of the application h)ed by the petitioners within a week from the date of such apprication being fired for release of the vehicle. The I --.:.:i. -' :Y . .-rr- ',' :,,1 *-'- .':T--r^: t*r., I..4:, .: J petitioners shall also deposit the required penalty before the Assistant Director of Mines and Geolory concerned' within 7 days from 10.01'2025'
6. Since the Tax validity of the said vehicle has expired long back, the transport authorities shall verify this issue before rolease of the vehicle' The transport authorities shall also veri$r the Registration number of the vehicle in question and be at liberty to impose the penalty if there is any violation in this regard. 7 . As submitted by the learned Assistant Government Pleadbr for Mines and Geologr' the petitioners in similar cases shall make the Assistant Director of Mines and Geolory concerned as a party to such leave applications'
8. Miscelianeous Applications' if any' pending in this writ petition stand closed' There shall be no order as to costs ASSlsrANr(rE AYA LAXMI GISTRAR //TRUE COPY// see{tJl OFFICER To, \ :ffi:]lf'.l'.l:l I iffi#t t]ffi;;r,d[kJfimt S. fhe fansitOar, Choppadandi Mandal' Karimnag€r District' 4. The Assistant Director Jiffi#;';J beotogy' karimnagar at Karimnagar :.?l#b;";E!'+#fi 1p,l.1ffi ffi #v:",i'f'83,'filrtheStateor , +fl3Ln3li"8Blo* REVENuE, Higth court ror the State or relansana' ,. f?11".,. cP FoR HoME' Hish courtforthe state of relansana' [oUT] 9. Two CD CoPies BN a! , ,it Lt ., i"$#q#sl ;:h HIGH COURT DATED:09101t2025 ) I CC TODAY ORDER WP.No.1059 of 2O2S t: sl 1! i'F q d oe irl ?BZI { ,. \.-::_ v ,7 DISPOSING OF THE WRIT PETITION WTHOUT COSTS ,{