Thalla Avinash v. 1. The State of Telangana

Petition under Article 226 ot 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. TG 02 T 0833 and Trailer No.TG 02 f 0825 of the Petitioner, without following any procedure under statutes contemplated under Section 9Q Sub Section 7 of Minor Mineral Concession Rules belonging to me as being illegal, arbitrary and against the principles of natural justice and violative of Articles 14, 16,19'(d\,21,300-A and 301 of Constitution of lndia and consequently direct the respondents to release the Tractor No. TG 02 T 0833 and Trailer No. TG 02 T 0825 of the Petitioner. lA 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 vehicles Tractor No. TG 02 T OB33 and Trailer No. TG 02 T 0825 of the Petitioner forthwith pending the disposal of the above Wp. Counsel for the Petitioner: SRI T.LAKSHMI NARAYANA Counsel for the Respondent Nos.1 & 4: GP FOR MINES 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 I HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.671O of 2025 ORDER: Heard learned counsel for petitioner, learned Government Pleaier for Mines & Geologr appearing for respondent Nos.1 & 4, learned 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 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., Tractor bearing No.TG 02T 0833 & Trailer bearing No. TG 02 T 0825 was seized by the respondents on 03.O3.2025, when the said vehicle was carrying sand for personal use.

3. Petitioner further contends that despite he approaching the respondents-authorities seeking release of the vehicle, the same has not been released, due to which the vehicle of the petitioner is exposed to vagaries of the nature causing ddmage to the vehicle.

4. Per contra, lcarned Government Pleader appearing on behalf 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 case in Crime Nos.64 of 2025 on 03.03.2025.

5. Learned Governmeht Pleader further submits that on registering the aforesaid crime, the authorities are taking steps to deposit the seized vehicle before the concerned Court. 6. I have taken note of the respective submissions made. 7 This Court, in similar circumstances in W.p.No.35559 of 2024, 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 2"d 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.Ms.No. 15, dt. 19.02.2015.

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 granted liberty to the authorities to impose penal{z in case of any violation in that.regard J

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 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 ol 2024, dt.18.12.2024, 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.

72. Consequently, miscellaneous petitions, if any, pending in these writ petitions shall stand closed. //TRUE COPY// SD/-A.V.S. PRASAD ASSISTANT REGISTRAR ECTION OFFICER District. Buildings, Hyderabad, State of Telanganal-

1. The Principal Secretary, Mines and Geology Department, Secretariat 2. The Station House Officer, LMD P-S, Thimmapur mandal, Karimnagar District. 3. The Tahsildar, Thimmapur Mandal, Karimnaqar District. 4. The Assistant Director of Mines and Geology, Karimnagar at Karimnagar 5. One CC to SRI T.LAKSHMI NARAYANA, Advocate tOpUCl 6. Two CCs to GP FOR I\4lNES AND GEOLOGy, Hiqh'Court fbr the State of 7. Two CCs to GP FOR HOIVIE, High Court for the State of Tetangtdiia, at 8. Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Telangana, at Hyderabad. [OUT] Hyderabad. [OUT] Hyderabad. [OUT]

9., Two CD Copies el91g with a copy of the order passed in WP.No.35559 of 2024, dt:: 18.12.2024) To PSK. BS 6 HIGH COURT DATED:0510312025 ORDER WP.No.6710 of 2025 . I CC TODAY g. STA f€ r, 1 {, f J \ 0 E lriig mE * F t DISPOSING OF THE WRIT PETITION WITHOUT COSTS 6-' w I THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA IVRIT PETITION No.35 559 of 2024 Mr. Madas Bharath Chaldra, learned counsel for the petitioner. Mr. K.Goutham Reddy, the learncd Assistant Government pleader for Mines appearing for the respondent Nos. I 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 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.O3.2021 in W.P.No.7253 of 2O2l and the second order was passed on 13.03.2020 in W.P.No.5777 of 2O2O. The petitioner also relies on a third order dated 26.02.2020 in W.P.No.4086 of 2O2O. All the 3 orders involved the prayer {or release,,of the vehicles by the respondent No.2. The Co-ordinate Benches dlrected the petitioners therein to approach the jurisdictional Magistrate for filing appropriate applications for release of the vehiclgs and rely on G.O.Ms.No. 15, Industries and Commerce I I 7 (Mines-l) Department, dated 19.02.2015 for that purpose. The petitioners therein were also given liberty to make appiications before the respondent No.2 therein for release of the vehicles and the respondent No.2 was at liberty to pass appropriate o.d.." ot 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.o2.2075.

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. T!'re ., petitioner shall also be at liberty to directly approach the respondent No.2 for release of the vehicles. The Authority concerned shall act in accordance with G.O.Ms.No. 15, dated

79.02.2015. The Authority concerned shall dispose of the application filed by the petitioner within a week from the date of '1 I such application being filed petitioner shall also deposit Assista n I Director of Mines 7 days from 20.12.2024. J for release of thg vehicle. The the required penalty before the and Geologz concerned, within

6. Since the Tax validity of the said vehicle has expired long back, the transport authorities shall verify 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 Geolory, petitioners in similar cases shall make the Assistant Director of Mines and Geoiog, 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: t8.I2.2024. Note: Issue C.C. todav (B/o) vsu I