Sadaveni Ramesh v. Department, Secretariat, Hyderabad

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate writ, order or direction more particularly one in the nature of Mandamus, declaring the action of the respondents in seizing Tractor No.TS-02U88441 and Trailer No. TS 02 UB 8442of lhe petitioner without following any procedure under statutes contemplated under Section 9Q Sub Section 7 of ltr'linor [Mineral Concession Rules as being illegal, arbitrary and against the principles of natural justice and violative of Articles 14, 16, 19 (1) (g), 21, 300-A and 301 of Constitution of lndia and consequently direct the respondents to release the Tractor No.TS-02U88441 and Trailer No. TS 02 UB 8442 ot the petitioner forthwith. NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release the petitioner's Tractor No.TS-02U88441 and Trailer l No. TS 02 UB 8442 forthwith pending the disposal of the above WP. Counsel for the Petitioner: SRI V.BRAHMAIAH CHOWDARY Counsel forthe Respondent Nos.1 & 4: GP FOR MINES AND GEOLOGY Counsel forthe Respondent No.2: GP FOR HOME Counsel forthe Respondent No.3: GP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.5lE4 of 2025 ORDER: Heard learned counsel for petitioner, learned Govemment Pleader for Mines & Geology appearing for respondent Nos.l & 4, learned Govemment Pleader lor ['{ome appearing for respondent No.2 and leamed Govemment Pleader lor Revenue appearing lor respondent No.3, and perused the record. With the consent of the counsel appearing lor the respective parties, the Writ Petition is teken up for hearing and disposal at adn.rission stage.

2. Shorn of unnecessary details, the case of the petitioner, in brief, is that his vehicles viz., tractor bearing No.'f S-02UB-8441 and Trailer No.TS-02LIB-8442 r,i,ere seized br, the respondents on 16.02.2025, when the same were carrying sand tbr personal use.

3. Petitioners further contend that despite the petitioner approaching the respondents-authorities seeking release of the vehicles, the same has not been released, due to which the vehicles of the petitioner i.e., Tractor bearing No.TS-02(JB-8441 and Trailer No.TS-02[IB-8442 are exposed to vagaries of the nature causing damage to the vehicles and loss to the petitioner as he is eking out his livelihood by plying the aloresaid vehicle. 2

4. Per contra, leamed Govemment Pleader appearing on behalf of respondents submits that the authorities on noticing the petitibner using the aforesaid vehicles for illegal transportation of sand, have seized the vehicles and registered a case vide Crime No.49l2025 on

16.8.2025.

5. Learned Govemment Pleader further subrnits that as of date the seized vehicle is not deposited into Court.

6. 7 I have taken note olthe respective submissions made. This Court, in similar circumstances in W.P.No.355 59 of 2024, while disposing of the said Writ Petition by order dt.18.12.2024, had granted liberty to the petitioner therein to approach the jurisdictional Magistrate and to make application seeking for release of the vehicle, if the same is deposited into the Court. 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 the authority was directed to act in accordance with G.O.Ms.No. I 5, dt. I 9.02.201 5.

8. Further, this Court in the aforesaid Writ Petition also directed the transport authorities to verify the registration ofthe vehicle and the tax validity before releasing the vehicle and also granted liberty to the authoritieS-tq.impose penalty in case of any violation in that regard.

9. Having regard to the order passed by this Court in W.P.No.35559 of 2024, and in order to maintain parity, this Court is of the view that the petitioner herein is also entitled for being granted similar relief.

10. In view of the above, and for the reasons as stated in W.P.No.35559 of 2024, dt.18.12.2024, and in terms thereof, this Writ Petition is disposed of. No order as to costs I l. Registry is directed to append a copy ol the order passed in W.P.No.35559 of 2024. dt.18.12.2024. to this ordcr.

12. Consequently, miscellaneous petitions, if any, pending shall stand closed. //TRUE COPY// SD/.P. PADMANABHA REDDY AssrsrANr "r:F*" / w SECTION OFFICER To

1. The Prl. Secretary, Mines and Geology Department, Secretariat, Hyderabad, State of Telangana. Karimnagar.

2. The Station Hduse Officer, LMD Thimmapur Rural PS, Karimnagar District' 3. The Tahsildar, LMD Thimmapur [\/andal, Karimnagar District. 4. The Assistant Director of Miries and Geology, Karimnagar District at 5. One CCio SRI V.BRAHMAIAH CHOWDARY' Advocate [OPUC] O. f*o CCs to GP FOR MINES AND GEOLOGY, High Court for the State of 7. Two iCs to Cp FOR HO[/E, High Court for the State of Telangana, at 8. Triro CCs to GP FOR REVENUE, High Court for the State of Telangana, at Telanoana. at Hvderabad. [OUTI Hyderabad. [OUT]

9. Two CD Copies Hyderabad. [OUT] (Atong witli a copy of the order passed W.P.No.35559 ot 2024' dt: 18.12.20241 w PSK BS HIGH COURT DATED:2010212025 CC TODAY ORDER WP.No.5184 of 2025 ( I o 1HE sJe o l' o -5. 21FrB ?ffi t-. t DISPOSING OF THE WRIT PETITION WITHOUT COSTS coP(ezl ${ fu" THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA WRIT PETITIO NNo.35559 of2O24 Mr. Madas Bharath Chandra, learned counsel for the petitioner. Mr. K.Goutham Reddy, the learned Assistant Gove.nment pleader for Mines appearing for the respondent Nos. 1 and 4. Mr. M.Srinivas, learned Assistant Government pleader for Home appearing for the respondent No.2. Ms. T.Swetcha, learned counsel representing the learned Government Pleader for Revenue appearing for the respondent No.3- ORDER: Learned counsel appearing for the petitioner 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 24.03.2021 in W.P.No.7253 of 2O21 and the second order was passed on 13.03.2020 in W.P.No.SZ7t of 2O2O. Tlne petitioner also relies on a third order dated 26.O2.2O2O in W.p.No.4Og6 of 2O2O. All 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 2 (MinesJ) Department, d,ated 19.02.2O15 for that purpose. The petitioners therein were also given liberty to make applications before the respondent No.2 therein for release of the vehicles and the respondent No.2 was at liberty to pass appropriate orders on the fiiing of such applications in terms of the said G.O

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

19.O2.2015.

4. Considering the submissions made, this Court deems it fit to direct the petitioner to pay the required penalt5r before approaching the jurisdictional Magistrate or the respondent No.2.

5. W.P.No.35559 of 2O24 is accordingly disposed of giving liberty to the petitioner to approach the jurisdictional Magistrate and to make an application for release of the vehicle. The petitioner shall also be at libertJr to directly approach the respondent No.2 for release of the vehicles. The Authority concerned shall act in accordance with G.O.Ms.No.15, dated 19.02.2015. The Authorit5r concerned shall dispose of the application liled by the petitioner within a week from the date of i I , such application being hled for release of the vehicle. The petitioner sha1l also deposit the required penalty before the Assistant Director of Mines and Geolory concerned, within 7 days from 20.12.2024.

6. Since the Tax validity of the said vehicle has expired long back, the transport authorities shall veri$r this issue before release of the vehicle. The transport authorities shall also veri$z 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 Pleader for Mines ald Geolory, petitioners in similar cases shall make the Assistant Director of Mines and Geologr 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. MOUSHUMI BHATTACHARYA, J Date: 18.12.2024 . Note: Issue C.C. today (B/O) VSU