Bathula Sunil Yadav v. 1. The State of Telangana

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 Lorry Goods Carriage Vehicle/Lorry Bearing No AP28!V7586, belonging to the Petitioner pending disposal of the above writ petition. Counsel for the Petitioner: SRI JANARDHANA REDDY PONAKA Counsel for the Respondent No.1 & 2: GP FOR MINES & GEOLOGY Counsel forthe Respondent No.3: GP FOR HOME Counsel forthe Respondent No.4: GP FOR REVENUE The Court made the following: ORDER I j 1, HON'BLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION o.s607 0F 21025 ORDER: Heard learned counsel for petitioner, learned Government Pleader for Mines& Geology appearing for respondent Nos.1 and 2, learned Government Pleader for Home appearing for respondent No.3, learned Government Pleader for Revenue appearing for respondent No.4, 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 of unnecessary details, the case of the petitioner, in brief, is that his vehicle viz., Lorcy bearing No.AP 2BW 7586 was seized by the respondents on 14.02.2O25, when the said vehicle was carrying sand for personal use.

3. Petitioner further contends tllat despite he having approached the respondents-autho rities seeking release of the vehicle, the same has not been released, due to which thc vehicle of the petitione. is exposed to vagaries ofthe naturc causing damage to the vehicle.

4.. Per contra, Iearned Government Pleader appearing on behall of respondents submits that the authorities on noticing the petitioner using the aforesaid vehicle for illegal transportation of sand, have seized the vehicle and registered casc in Crime No.215 of 2O25.

5. Learned Govcrnmeut Pleader further submits that on registering the aforesaid crirnc, thc authorities have deposited the seized vehicle before the concerned Court on 22.02.2025, and thus if I t I t 2 the petitioner intend to seek release ofthe vehicle, he has to approach the concerned Court.

6. 7 I have taken note of the respective submissions made. This Court, in similar circumstances in W.P.No.35559 of 2O24, while disposing of the said Writ Petition by order dt.18.12.2o24, had granted liberty 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 3rd respondent therein for release of the vehicle, if the same is not deposited into Court as yet, and the authorlty was directed to act in accordance with G.O.Ms.No.15, dt.19"O2.20t5. B. Further, this Court in the .aforesaid Writ petition also directed the transport authorities to verifrz the registration of the vehicle and the tax validiry before releasing the vehicle and also granted tiberty to the authorities to impose penatty in .rse of "ny 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 parify, this Courtis . of the view that the petitioner herein is also entitled for being gra nted similar relief.

10. In view of the above, and for the reasons as stated in W.P.No.35559 of 2O24, dI.7B.LZ.2OZ4, and in terms thereof,_this ,- -$rit P€tition is dlsposed of. No order as to costs. I I To, 3

11. Registry is directed to append a copy of the order passed in W.P.No.35559 of 2024, dr.18.L2.2024, to this order. 1-2. Consequently, miscellaneous petitions, if any, pending in these writ petitions shall stand closed. //TRUE COPY// SD/-V.KAVITHA ASSISTANT REGISTRAR rf\It\ S CTION OFFICER

1. The Special Chief Secretary lndustries and, commerce Mines and Geology wing, The State of Telangana, Secretariat Buildings, Hyderabad

2. The Assistant Director, Mines and Geology, MEDCHAL-MALKAJGIRI District. 3. The Station House Officer, KPHB Police Station, Cyberabad District 4. The Tahsildar, Kukatpally, MEDCHAL-MALKAJGIRI District 5. One CC to SRI JANARDHANA REDDY PONAKA, Advocate [OPUC] 6. Two CCs to GP FOR MINES AND GEOLOGY, High Court for the State of Telangana. [OUTJ

7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. touTl B. Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUT] 9. Two CD Copies (Annex a Copy of the Order passed in WP No.35559 of 2024 dated 18.12.24) BN BSK I I I I I i HIGH COURT DATED:2510212025 CC TODAY ORDER WP.No.5607 ot 2025 E1 9T4 .) J I2 FEB flu5 \a z a -1. DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,, ,r t' V THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA WRIT PETITION N0.35559 of 2024 Mr. Madas Bharath Chandra, learned counsel for the Petitioner- Mr. K.Goutham Reddy, the learned Assistant Government Pleader for Mines appearing for the respondent Nos.l and 4. Mr. M.Srinivas, learned Assistant Govemment Pleader for Home appearing for the respondent No.2. Ms. T.Swetcha, learned counsel representing the learned Govemment Pleader for Revenue appearing for the respondent No.3. OADEE: 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 2021 and the second order was passed on 13.O3.2O20 in W.P.No.5771 of 2O2O. The petitioner also relies on a third order dated 26.02.2020 in W.P.No.4086 of 2O2O. AIl 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 Iiling appropriate applications for release of the vehicles arrd rely on G.O.Ms.No. 15, Industries and Commerce 2 (Mines-I) Department, dated 19.02.2015 for that purpose. The pe$tioners therein were also given liberty to make applications before the respondent No.2 therein for release of the vehicles ald the respondent No.2 was at liberty to pass appropriate orders on the filing 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 t9.o2.207s.

4. Considering the submissions made, this Court deems it frt to direct the petitioner to pay the required penalty before approaching the jurisdictional Magishate 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 shall also be at liberty to directly approach the respondent No.2 for release of the vehicles. The Authorit5r 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 {iled for release of the vehicle. The petitioner shall also deposit the required penalty before the Assistant Director of Mines and Geologz 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 shal1 also verifr 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 Assistaat Government Pleader for Mines and Geolory, petitioners in similar cases shall mal<e 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