Sai Ganqadhari v. 1. The State of Telangana

...RESPONDENTS 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 a Writ, Order or Direction' more particularly one in the nature of a Writ of MANDAMUS declaring the action of respondents 'in seizing of the petitioner vehicle Tractor bearing No T5-26-T-9754 along with Trolley bearing No. T5-26-T-9753 without following any procedure under statutes contemplated undersectiongQsub-sectionTofMinorMineralConcessionRulesbelongingto the petitioner 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 rndia and consequentry direct the respondents to release the petitioner vehicle Tractor bearing No T5-26-T-9754 along with Trolley bearing No. T5-26-T-9753 of the petitioner forthwith in the interest of justice' lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed ir support of the petition, the High Court may be pleased to direct the respondents to release the petitioner vehicle Tractor bearing No.TS- 26-T-9754 along with Trolley bearing No. T5-26-T-9753 of the petitioner forthwith pending disposal of the Writ Petition. Counsel for the Petitioner: SRI YADAIAH BODDUPALLY Gounsel for the Respondent Nos.1 & 4: GP FOR MINES AND GEOLOGY Counsel for the Respondent No.2: GP FOR HOME Counsel for the Respondent No.3: GP FOR REVENUE The Court made the following: ORDER I , I r r HON'BLE SRI JUSTICE T'VINOD KUMAR I o ORDER: Heard learned Government Pleader counsel for Petitioner' for Mines& GeologY aPPearing for 4, learned Government Pleader for resPondent Nos'1 and Home appearing for respondent No 2' learned Government learned PleaderforRevenueappearingforrespondentNo.3,andwith the consent of the counsel appearing for the respective is taken uP for hearing and disPosal parties, the Writ Petition at admission stage'

2. Shorn of unnecessary details' the case of the petitioner, in brief is that his vehicle viz'"fractor bearing No.TS26 'l 97l4along with Trolly bearing No' TS-26T 9753 were seized by the respondents on tl'O2'2O25' when the said vehicle was carrying sand for personal use' 3. Petitioner further contends that clespite he having approached the respon dents-au Lhoritles seeking release of the vehicle, the same has not been released' due to which the vehicleofthepetitionerisexposedtovagariesofthenature causing damage to the vehicle' 4. Per contra,learned Government Pleader appearing on behalf of respondents submits that the authorities on noticing the petitioner using the aforesaid vehicle for illegal i I i I 2 transportation ofsand, have seized the vehicle ancl registered case vid,z Crime No.9 of 2025

5. Lr:arned Government pleader further s;ubmits [hat on registerjnq the aforesaid crime, the authorities have deposited the seize:d vehicle before the concerned Court on |I.O.,Z.2O2S, and thus if the petitioner intends to seek release of the vchicle, hc has to approach the concerned Court. 6 I ha,ze taken note of the respective subrnissions made 7 -l'his Court, in similar circumstances in W.p.No..15559 of 2021, r.r,hile clisposing of the said Writ petition by order dt.7A.l2.2OZ4, had granted tiberty to the petitioner therein to approach rhe jurisdictional Magistrate and to make applicatiorr seer(ing for release of the vehicle. This coLrrt, in the alo|e:;a id r,vrit petition, has also granted furLher ltberty to the peltitioner therein to directly approach th e 3rd respondenl therein for release of the vehicle, if the same is not deposiled into Court as yet, and the authority was directed to act in accordance with G.O.Ms.N-o.15, dt.Ig.02.2O LS. B. Further, this Court in the aforesaid Writ petition also directed tll€. transport authorities to verify the rcgistration of the velri:lc and the tax validity before releasing the vehicle anrl ,rlso granted liberty to the authorities to imllose , i I i I 3 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 pariry, this Court is ol the view that the petitioner herein is also entitled for being granted simila r relief. 1O. In view of the above, and for the reasons as stated in W.P.No.35559 of 2024, dt-7A'1'2.2O24, 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 2O24, dt.t8.12.2o24, to this order.

12. Consequently, miscellaneous petitions, if any, pending in these writ petitions shall stand closed. //TRUE coPY,/ SD'- A.PRATHIMA ASSISTANT REGISTRAR lf--' sEcIor.loFFlcER To

1. The Principal Secretary, Mines and Geology Department' Secretariat , +il1'*ff ; I Yri",l33?9"i1?l?"n1 J""leffi il Bo r ice statio n, M a h a b u ba b a d District. J 4 5 b

8. v- p3its+ite-r;1psrm'S+"i**;;,f *,P,ru::: tJlinoana, at Hvderabad. [OUTI iil8 icsi; eP''FdR REvdiluel uigh court tor the state of relansana' at +*t""633t 6?+B* HoME, High court ror the state or relansana' at Hyderabad. [OUT] Two CD Copies ir{iln"g"*:t"f;"opy of the order W'P'No'35559 of 2024' dt:.18'12'20241 PSK. PSK o ,lts.. ....- Cc today HIGH COURT DATED:2710212025 ORDER WP.No.S741 ot 2025 I HE SJ.TA rei q J 'J 0 3 t(ifi il?s a k o65.'n,,,TCl * DISPOSING OF THE WRIT PETITION WITHOUT COSTS L THE HON'BLE WSTICE MOUSHUMI BHATTACHARYA WRIT PETITION No.35559 of 2o24 I 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.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 leamed Govemment 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 2027 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. A11 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 filing appropriate applications for release of the vehicles and rely on G.O.Ms.No.15, Industries and Commerce 2 (Mines-I) Department, dated 19.02.2015 for that purpose. The .petitioners therein were also given libert5r to ;rrake 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 applications in terms ot. the said G.O.

3. The learned Assistant Government pleader lbr Mines submits the.t the petitioner may also be called. upon to pay the stipulated penalty as per Clause 12(21 of G.O.Ms.No. t5. dated

79.O2.201:;

4. Consitlering the submissions made, this rlourt deems it ht to direct tLre petitioner to pay the requirecl penalty before approaching the jurisdictional Magistrate or the respondent No.2.

5. W.P.No.35559 of 2024 is accordingly disposed ,:f giving liberty to the petitioner to approach the jurisdictional Magistrate and to make an application for release of ttre vehicle. The petitioner slLali also be at liberty to direc ;g approach the respondent l\o.2 for release of the vehicles. The Authority concerned sha-ll act in accordance with G.O.Ms.No.1S, dated 19.02.2015. The Authority concerned sha_ll dispose of the application filed by the petitioner within a week from the date of l i t ,] 1 I 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 Geologz concerned, within 7 days from 2O.t2.2O24.

6. Since the Tax validity of the said vehicle has expired long back, the transport authorities shall verit,r this issue before release of the vehicie. The transport authorities .shail a_lso 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 Assistalt Government Pleader for Mines ald Geologz, 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 aly, pending in .this writ petition stand closed. There shali be no order as to costs. MOUSHUMI BHAT{ACHARYA, J Date: 78.12.2024. Note: Issue C.C (B/o) vsu