High Court · 2025

Petition under Article 226 of lhe Constitution of lndia 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 Tractor No- TS 22f 5Bg7 and Trailer No AP 15 AL 0895 of the Petitioner.' without following any procedure under statutes contemplated under Section 9Q Sub Section 7 of Minor Minerar concession Rures beronging to me as being i[egar, arbitrary and against theprinciplesofnaturaljusticeandviolativeofArticlesl4'16'19(g)'21'300-A and 301 of Constitution of lndia and consequently direct the respondents to release the Tractor No TS 22T 5Bg7 and Trailer No' AP 15 AL 0895 of the Petitioner. IANO:1O F 2025 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents to rerease the vehicres Tractor No. TS 22 T 5gg7 & Trairer No AP 15 AL 089s of the petitioner forthwith pending the disposar of the above WP Counsel for the Petitioner: SRI T. LAKSHMI NARAYANA counsel forthe Respondent Nos.1 and 4: Gp FoR MrNEs AND GEoLoGy Counsel forthe Respondent No.2: Gp FOR HOME Counsel for the Respondent No.3: Gp FOR REVENUE The Court made the following: ORDER HON'BLE SRI JI'STICE T' VINOD KUMAR W.P.No.526O of 2025 OR DER learned Government Heard learned counsel for petittoner' Pleader for Mines & Geology appearing for respondent Nos l & 4' learned Government Pleader for Home appearlng for resPondent appearing for No.2, learned Government Pleader for Revenue respondent No 3, and with the consent of the counsel appearing for the respective parties' the Writ Petition is taken up for hearing and disposal at admission stage 2. Shorn ol unnecessary details' the case of the petitioner' in brief, is that his vehicle viz'' TracLot bearing No TS 22 T 5897 & Trailer bearing No AP 15 AL 0895 was seized by the respondents on 77.02.2(J25, when the said vehicle was carrying sand for personal use ' respondents-authorities

3. Petitioner further contends that despite he approaching the seeking release of the vehicle' the same has not been released' duc to which the vehicle of the petitioner is exposed to vagaries of the natr-rre causing damage to the vehicle'

4.Percontra,learnedGovernmentPieaderappearingonbehalf of respondents submits that the authorities on noticing the petitioner using the aforesaid vehicle for illegal transportation of 2 sand, have seized the vehicle and registered case in Clrime Nos.35 of 2O2S on 18.02.2025. . -t- ., :':

5. Learned Government pleader further submi.is that on regrstering the aforesaid crime, the authorities have dr:posited the seized vehicle before the concerned Court, and thus if the petitioner intends to seek release of the vehicle, he has ro approach the concerned Court. 6 7 liberty to crrcumstances the said Writ I have raken note of the respective submissions made This Court, in similar 2024, while disposing of dt.18.72.2024, had granted tn W.P.N,r.35559 of Petition by order the petitioner [hcrein tcr approach the jurisdictional 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 rherein to directly approach the 2d respondent therein for release 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.llls.No.15, dt.79.O2.2015. Magistrate

8. Further, this Court in the aforesaid Writ petition also directed the transport authorities to verify the registratioil 0f the vehicle and the tax validity before releasing the r.ehicre and also i I I I i ) ' 3 granted 1iberff to the authorities to impose penalty in case of any violation in that regard. g. Having regard to the order passed by this Court ln 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 lS'12'2O24' and in terms thereof' this Writ Petition is disposed of' No order as to costs'

11. Registry is directed to append a copy of the order passed in 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/.N . RAJAGOPAL T REGISTRAR ASSI /. //TRUE COPY// SECTION OFFICER :,3,1""J,sl31il,1ly:13'"[3][!liftxi''"ii$'*atKarmnagar ;iffi J#''+"=:rt#,,:Htsru;,f;?:"if, rs?:[H'"J":':":'J ;f liT3:iJ.lifi I lgltalrus+Utpi',tru:**:ffi ;:: ", Revenue' High court ror the state or relangana' at -' $J"'Cgi:8nJJo' " HvderabadlOUTl S. Two CD CoPies '"' TJ BS I I To, 1 HIGH COURT CC TODAY DATED:21 10212025 ORDER WP.No.5260 of 20Zs o'r TE( 4 i ]: + +s '1.' i!'l * DISPOSING OF THE WRIT PETITION WITHOUT COSTS /q 4.n k/zs 4"c THE HON'BLE WSTICE MOUSHUMI BTIATTACHARYA trTRIT PETITIO N No.35559 of2024 Mr. Madas Bharath Chandra, learned counsel for the petitioner. Mr' K.Goutham Reddy, the rearned Assista,t Government 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 respondeni No.3. ORDER: Learned counsel appearing for the petitioner as well as the learned Assistant Governmint 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 factua_l circumstances.

2. The first order placed before the Court was passed on 24.03.2021 in W.P.No.7253 of 2027 and the second order was passed on 73.O3.2O2O in W.p.No.S7ll of 2O2O. Trre petitioner also relies on a third order dated 26.02.2020 in W.p.No.4Og6 of 2O2O. AI1 the 3 orders involved the prayer for release of the vehicies by the respondent No.2. The Co_ordinate Benches directed the petitioners therein to approach the jurisdictionat Magistrate for filing appropriate applications for release of the vehicles ald rely on G.O.Ms.No. l S, Industries ald Commerce q.' 2 (Mines-I) Department, d.ated 19.O2.2015 for that purpose. The petitioners therein were also given libert5r 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 filing of such apprications 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 crause 12(21 of G.o.Ms.No.15, dated 19.O2.20t5 4 consiclering the submissions made, this court deems it fit petitioner to pay the required penalty before the jurisdictional Magistrate or the respondent to direct the approaching 1 No.2.

5. W.P.No.35559 of 2024 is accordingly disposed of giving Iiberty to the petitioner to approach the jurisdictional Magistrate and to mal<e an application for release of the vehicle. The petitioner shall a.tso be at libert5z to directly approach the respondent No.2 for release of the vehicles. The Ar:thority concerned shall act in accordance with G.O.Ms.No. 15 dated 19.02.2015. The Authority concerned shall dispose of the application filed by the petitioner within a week from the date of 3 such application being filed for release of the vehicle. The petitioner shall 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 veriff this issue before release of the vehicle. The transport authorities shall also verify 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 and Geologr, petitioners in sirnilar cases shall make the Assistant Director of Mines and Geolory concerned as a party to such leave aPPlications

8. Miscellaneous Applications, if aly, 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