1 Vaditvavath Viiava Kumar v. 1. The State of Telangana

Petition under Article 226 oI 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 vehicles bearing Nos. TS 08 UM 1799, TS 08 U 6389, and TS 0B UL 3258 of the petitioners without following any procedure under statutes contemplated under section 9Q Sub Section 7 of Minor Mineral concession Rules as being illegal, arbitrary and against the principles of natural justice and violative of Articles 14' 16,19(1)(d,21,300-4and30lofConstitutionoflndiaandconsequentlydirect T the respondents to release the vehicles bearing Nos. TS Og UM 1799, TS 08 U 6389, and TS 08 UL 3258 of the petitioner forthwith. 1A 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 petitioners' vehicles bearing Nos. TS og uM 1799, TS 08 u 63B9, and rS 08 uL 3258 forthwith pending the disposar of the above WP. Counsel for the Petitioner : SRI V.BRAHMAIAH CHOWDARY Counsel for the Respondents No.1&4: cp FOR MINES AND GEOLOGY Counsel for the Respondents No.2 : Gp FOR HOME Counsel forthe Respondents No.3 : Gp FOR REVENUE The Court made the following: ORDER HON'BLE SRI WSTICE T. VINOD KUMAR W.P.No.5228 of 2o25 ORDER: Heard learned counsel for petitioners, learned Government Pleader for Mines & Geolory appearing for respondent Nos. 1 & 4, leained Government Pleader for Home appearing for respondent No.2, learned Government Pleader for Revenue appearing for respondent No.3, and with the consent of the counsel appearing for the respective parties, the Writ Petrtion 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 vehicles viz. , Lorries bearing Nos.TS 08 UM 1799, TS 08 U 6389 and TS 08 UL 3258 were seized by the respondents on 14.O2.2025 and 15.02.2025, respectively, when the said vehicies were carrying sand for personal use.

3. Petitioners further contend that despite they having approached the respondents authorities seeking release of the vehicles, the same have not been released, due to which the vehicles of the petitioners are exposed to vagaries of the nature causing damage to the vehicles.

4. Per contra, learned Government Pleader appearing on behalf of respondents submits that the authorities on noticing the petitioners using the aforesaid vehicles for illegal transportation of 2 sand, have seized the vehicles and registered cases in Crime Nos.132 of 2025 and 135 of 2025, respectively

5. Learned Government pleader further submits that on registering the aforesaid crime, the authorities have deposited the seized vehicles viz., Lorries bearing Nos.TS Og UM 1799, TS 0g U 6389 and TS 08 UL 3258, before the concerned Court, and thus if the petitioners intend to seek release of the vehicles, thev have to approach the concerned Court 6 I have taken note of the respective submissions made 7 This Court, in similar circumstances in W.p.No.!i5559 of 2024, while disposing of the said Writ petrtion by order dt.18.12.2o24, had granted liberfy 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 releasr: of the vehicle, if the same is not deposited into Court as yet, and the authority was directed to act in accordance with G.O.Ms.No.15, dt.t9.o2.2015.

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 penalfy 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 petitioners herein are 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, d1.18.12.2024, and in terms thereof, this Writ Petition is disposed of. No order as Lo cos[s.

11. Registry is directed to append a copy of the order p."""d i., 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. SD/. T.VIJAY KUMAR ASSI T NT REGISTRAR //TRUE COPY// S CTION OFFICER Telangana, Hyderabad. 1 . The Prl.Secretary, Mines and Geology Department, Secretariat, State of 2. The Slation Hbuse Officer, Bachupalli PS, Medchal Malkajgiri District. 3. The Tahsildar, Bachupalli Mandal, Medchal Malkajgiri District.. 4. The Assistani Directdr of Mines and Geology, lt/ledchal Malkajgiri District at Medchal. Telangana. [OUT] Hyderabad. [OUT]

5. One CC to SRI V.BRAHMAIAH CHOWDARY, Advocate. IOPUCI 6. Two CCs to GP FOR MINES AND GEOLOGY, High Court for the State of 7. Two 6Cs to GP FoR HoME, High Court for the State of Telangana at 8. Tfro CCs to'GP FoR nfveNuE, High Court for the State of Telangana at - 9. Two CD Copies. Hyderabad. [OUT] (Atong with'a copy of the Order, dated 18.12.2024 in W.P.No.35559 ot 2024 to this Order) BSK BS /' To, HIGH COURT DATED:2110212025 ORDER WP.No.5228 of 2025 CC TODAY .$ o: c i: ?- "ls ?.: L!g! l-l + t{i DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,4 /.t /l/r / E THE HON'BLE JUSTICE MOUSHUMI BIIATTACHARYA WRIT PETIT ION No. 35559 of2024 Mr. Madas Bharath Chandra, learned counsel for the petitioner. Mr. K.Goutham Reddy, the learned Assistalt Government preader for Mines appearing for the respondent Nos. 1 and 4. Mr. M.Srinivas, lea_rned Assistant Government pleader for Home appearing for the respondent No.2. Ms. T.Swetcha, learned counsel representing the learned Govemment Pleader for Revenue appearing for the respondeni 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 crrcumstances.

2. The first order placed before the Court was passed on 24.03.2021 in W.P.No.7253 of 2O2l and the second order was passed on L3-O3.2020 in W.p.No.5Z7l of 2O2O. Tihe petitioner also relies 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 vehicles by the respondent No.2. The Co_ordinate Benches directed the petitioners therein to approach the jurisdictional Magistrate for {iling appropriate applications for release of the vehicles and rely on G.O.Ms.No. 15, Industries and Commerce 2 (Mines-I) Department, dated 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 rzehicles and the respondent No.2 was at liberty to pass appropriate orders on the frling 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 12(21 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 penalty before approaching the jurisdictional Magistrate or the respondent No.2.

5. W.P.No.35559 of 2024 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 sha-lI also be at liberty to directly approach the respondent No.2 for release of the vehicles. The Authority concerned shall act in accordalce with G.O.Ms.No.15, dated 19 .O2.2O15. The Authorit5r concerned sha1l dispose of the application hled by the petitioner within a week from the date of tk::^.- t 3 such application being {iled for release of the vehicle. The petitioner shall a-lso 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 veriff the Registration number of the vehicle in question ald 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 GeoIoS/, petitioners in similar cases shall make the Assistant Director of Mines and Geolory 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