High Court · 2025

PetitionunderArticle226ollheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavrt filed therewith the High Court may be pleased to issue an appropriate writ' order or direction more ln the nature of Mandamus, declaring the action of the respondents in seizing the Ashok Leyland Ltd Goods Carriage Tipper bearing No TS-23-T-9135' Chasis No' fvlBlGYGCDOPRNF6Tgg and SuzLrki Wagcn R ZXi plLrs C-ar bearrng No' TS-23-F- 7229 Chasis No MA3JMTC1SNLB00882 of the Petitioners without following any procedure laid down under policy decision taken by the government and in terms of G.O.Ms.No.15, lndustries and Commerce (Mines-l) Department'. dated 1gt[2l2[15as being illegal arbitrary and against the prrnciples of natural iustice and violative of Articles 14' 16' 19 (1Xg)' 21' 300-A and 301 of Constitution of :l { i ,r: lndia and consequentlv clrrect the respondents to release the Ashok Leyland Ltd Goods Carriage Tipper bearing No TS-23-T-9135' Chasis No' MBlGYGCDOPRNF6Tgg and Suzuki Wagon R ZXI plus Car bearing No TS-23-F- 7229 Chasis No tr/lA3JlvllC1SNL80OB82 of the Petitioners' forthwith' IA NO :1 oF 2025 51 CPC praying that rn the circumstances stated in Petition under Section 1 he petition, the High Court may be pleased to direct the affidavit filed in suPPort of t Ashok Leyland Ltd Goods Carriage Tipper bearing the respondents to release the MBlGYGCDOPRNF6Tgg and Suzuki Wagon R ZXI No. TS-23-T-9135, Chasis No' + Car bearing No TS-23-F-7229 Chasis No. MA3JtvlTC1SNL800BB2 of the Petitioners, forthwith pending the disposal of the writ petltron. Counsel for the Petitioners: SRI V' YADU KRISHNA SAINATH ' Counsel for the Respondent Nos'1'3 and 4: GP FOR MINES AND GEOLOGY Counsel for the Respondent No'2: GP FOR HOME The Court made the following: ORDER I THE HON,BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITIoN No.5324 OF 2025 ORDER Heard learned Counsel for the petitioners, learned Government Pleader for Mines & Geolory appearing for respondent Nos. 1, 3 and 4, learned Government Pleader for Home appearing for respondent No.2 ancl u'ith the consent ol learned Counsel for thc parties, the Writ Pctition is taken up for hearing and disposal at the stage of admission '

2. Shorn of unnecessary details, the case of the petitioners in brief, is that the 1't petitioner is the owncr of Ashok Leyland Goods Carriage Tipper bearing No.TS 23T 91 35 and the 2nd petitioner is the ou'ner o[ Suzuki Wagon R ZXI Car bearing No.TS 23F 7229 and thc aforesaid vehicles have been seized by the respondent authori[ies in particular, thc 2'd respondent in connection with the crime regisLered uide Crime No 16 of 2025 dated 28.O 1.2O25 and that the aforesaid vehicles are not being released to the petitioners inspite of expressing readiness t<r provide security.

3. Per contra, learned Government Pleader for Mines and Geologr and the Iearned (iovernment Plcader for Homc 2 ..FXE appcarirlg on bchalf ol respondents would submit that the lst pctitior.lcr's vchiclc i.e., Trpper \\ras involr.ed in illcgal [r:rnsltorta liorl of sand lrom Maneru rjvcr and urhen or.rc G Devad;rs, r)e\r,s reportcr was laking pictures of transportai ion of sand in the aforesaid vehicle about five persons tr:tveling rn the Wagon R owned by the !,,a petitioner noticitiu th(,same had threatened the said Devarlas with dcath if he docs no1 delctc thc vicleo/photos of illegal transportatron. thc illegal

4. L(',rr-rrrci Goverrrrncnt plcaders u,ould furtrer subtlit that or.r th(. r(.slr,)ndcnL authoritics registertr_rg the crin_re, thr:-1, havc arrcstcrl th(' itccuse(l No. I in the aforesaid case for Criminal Trespass, lrtimidation ;rnd threat to kill the s.id G Devadas, neu's rcl)ort( r, u.hile r_hc accused Nos.2 to 5 are absconcLng. 5. Lcarrrr.rl Governmcnt pleaders would further subn,rit that was involved in illcgal though thc 1.r petttiot,rer,s vehicle petitioner's vehicle rt,as tr:rnsport:rtior-r ol rnincr:tl as the 2nd inr.oh,ccl irt r,-orlmissiort of crime by accused Nos.1 to 5 in thrcatcning the rcportcr who approachcd tlLc respondcnt authoritir:s :rrrd Iorlged a cornplaint registered as a case rn Crime No. 16 o1 2025. the authorities have seized both the aforesaid vehiclcs in connection u,ith the crime registered and deposited thc san.:c belirrc thc conccrned Court on iO.O2.2Oi,,,

6. Having regard to the submissions made as above and taking notc of the fact that though the petitioners while claiming that they had given the vehicle on hire/rental basis to thc accused and thc said accused having involved themselves in a crime of intimidation and thrcatening to kill the complainant G. \ I Devadas, this Court is of the view that the said offence involving the aforesaid vehicle cannot be considered as involved in illegal transportation of mineral for it to be released by issuing directions to approach the concerned Court sceking release o[ the vehicles by furnishing security or directing the respondcnt authoriLies to releasc the same in terms of G.O.Ms. No.15 clated

19.O2.2015.

7. [n view of the above, since thc aloresaid vehiclcs are involved in commission of crime under the Bharatiya Nagarrk Suraksha Sanhita, 2023 (BNSS), this Court is of the view thc aforesaid vehicle cannot be directed to be released and the petitioner is required to workout their remedies under BNSS.

8. Accordingiy, the Writ Petition is devoid of merit and is dismissed. No costs. + Miscc lla nc'or-rs petitions, if any, ltcnding in the Writ PctitiorL, sha Il stancl <:losed. //TRUE COPY// SD/-V. KAVITHA STRAR ASS S \ S TION OFFICER One CC to Sri V Yadu Krishna Sainath' Advocate [OPUC] Two CCs to GP Ior Mines And Geology' High Court for the State of iJt"ngur" at HYderabad [oUT] Two CC to The GP for Home, High Court for the State of Telangana' at HyderabadIOUT] Two CD CcPies 1 2 3 4 v I To, TJ BS -:=97't -/:.1 -- l I i I I HIGH COURT DATED:2410212025 ORDER WP.No.S324 oI 2025 " '..::il-a r6 (( o 2 * i,,i1i mfi z * '\-=-;-.--' DTSMISSING THE WRIT PETITION AS WITHOUT COSTS