The High Court · 2025

Fetition under Article 226 ot the Constitution of lndia prayipg 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 natuie of Mandamus, declaring the action of the respondents in seizing the (1) Tractor No.TS 02 UC 2861 and Trailer No. TS 02 UC 2862, of the lstfetitioner (2) Tractor No. TG 02 T 0672 and Trailer No. TG 02 T 0986 of the 2nd petitionei (3) Tractor No. TS 02 lt) 6174 and rrailer No. TS 02 uB 6173 of the 3rd petitioner and (4) Tractor No 'fS 02 UC 7303 and Traiter No. TS 02 UC /308 of the 4th petitioner, without following any procedure under statutes conbmplated under section 9Q Sub {iect on 7 of Minor Mineral concession Rules belonging to me as beirig illegal, albikary and against the principles of natural justice q!d violative 9f Artiples 14, 16, 19 (t) (g) 2'1 , 300-A and 30'l of Constitution of tndia And cpngequently flirec{ ttre respondentq to release the (1) Tractor No. tS 02 UC 2p61 and Trailer \q. Tli 02 UC 2862, of the 1St petitionef (2) Tractgr No. TG 02 T 067? and Trailer No tr3 02 T 0986 of the 2nd petirigner (3) Tractor No tS 02 UB 6,t74 q1( Tr4iler |tg TS 02 UB 6173 of tfre Qrd petitioneland (4) Tractor N9. TS 02 UQ 7303 and Tgpiler No. --S 02 UC 73Q8 of the 4th petitioner. lA NO: 't OF 2025 --E--=r.------:-- i Fetitigrl under fiection 151 CPC praying that in the circumstanees Stated in the affidgvit tiled in support of the petition, the fligh Eourt may bF pteased t9 diregtthp rqppgndents to retease the vehicleg (1)Tractol No.TS Oil UC 2g61 and Tr4ller No Tq 92 UC 11862, of the 'l St petirioner (2) TraQlor No, TG q? T Q.672 and Trailer No. Tq 02 T 0€86 qf the 2nd pqtitioqer (3) Tractqr No. TS 02 UB g]7+ qa! Treiler lyo TS 02 UB 6173 of the 3rd petitiqner ind (1) Tractor Ng. TS 02 UC ?309 and Tr4ller No rS 02 UC 7308 of the 4th petitisner forthwirh penQing the {lgposal of lhe above \VP pounsgl for ttre Petltioner : SRI T.LAKSH|U| NARAYA\$ gqUnsel fog t[e Respondents No.:l&4 : Gp FOR MINES AND GEOl.gcy gqunsel fo( lQe Regpondgnts No.2 : GP FOR HOME $olnsel for (frg Respondents No.3 ; Gp FOR REVENIIE The Coqrt made the following: OROER l t HON'BLE SRIJUSTICE T. VINOD KUMAR WRIT PETITION No.6955 of 2025 ORDER: Heard leamed counsel for petitioners, learned Govemment Pleader for Mines & Geology appearing for respondent Nos. I & 4, learned Government Pleader for Home appearing for respondent No.2, leamed Govemment Pleader for Revenue appearing for respondent No.3, and with the consent ol 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 petitioners, in brief, is that their vehicles viz., Tractor bearing No.TS 02UC 2861 & Trailer bearing No.TS 02UC 2862,Tractot bearing No.TG 02T 0672 & Trailer bearing No.TG 02T 0986, Tractor bearing No.TS 02UB 6174 & Trailer bearing No.TS 02[JB 6173 and Tractor bearing No.TS 02UC 7303 & Trailer bearing No.TS 02UC 7308 were seized by the respondents on 25.02.2025, when the same were carrying sand for personal use.

3. Petitioners further contend that despite the petitioners approaching the respondents-authorities seeking release of the vehicle, t t 2 the same have not been released, due to which the vehicles of the petitioners i.e., Tractor bearing No.'rS 02UC 2g6r & Trairer bearing No.TS 011UC 2862, Tractor bearing No.TG 02T 067.t- & Trailer bearing l.,lo.'tG 02T 0986, Tractor bearing No.TS 02tlB 6174 &. Trailer bearin;3 No.TS 02lJB 6173 and Tracror bearing flo.TS 02UC 7303 &. Trailer bearing No.TS 02uc 730g are exposed trr vagaries of the nature causing damage to the vehicle belonging to the petitioners, who are el:ing out their livelihood by plying the aforesaid vehicle.

4. Per conira, leamed Government pleader appearing ,;n behalf of respondeul-s s,bmits that the authorities on noticing the petitioners using the afor:said vehicles lor illegat transportation of sand, have seized the vehLcles and registered a case vide Crime No.7412025 on

25.02.2025.

5. Learned Government. pleadcr further submits that on registering the aforesaid c'ime, the authorities have deposited the seiz,:d vehicles viz., tractors & trailers before the concemed Court, and thus if the petitioners intend to seek release of the vehicles, they have to approach the concemed Court.

6. I hav,: tal en note of the respective submissions made. I 3 7 This Court, in similar circumstances in W.P.No.355 59 of 2024, while disposing of the said Writ Petition by order dt.l8.l2.2024,had granted liberty to the petitioner therein to approach the jurisdictional Magistrate and to make application seeking for release of the vehicle' This Cou(, in the aforesaid writ petition, has also granted lurther tiberty to the petitioner therein to directly approach the 2nd respondent I I therein lor release ol the vehicle and the authority was directed to act in accordance with G.O.Ms. N o. | 5, dt. 19.02.20 I 5'

8. Further, this Court in the aloresaid Writ Petition also directed the transpoft authorities to verify the registration ofthe vehicle and the tax validity before releasing the vehicle and also granted liberty to the authorities to impose penalty in case of any violation in that regard' g. Flaving 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 petitioners herein are 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.18.12.2024, and in terms thereof, this Writ Petition is disposed ot'. No order as to costs. 4 I I . Rr:gistry is directed to append a copy of th : order passed in W.P.No.35559 of 2024, dt.t8.l2.2024,to this order.

12. Cc,nsequently, miscellaneous petitions, if an_v. pending in these writ petitions shalI stand closed SD/-S. MALLIKARJUNA RAO REGlSTRAR ASSI //TRUE COPY// ON OFF]CER (4rimnqgirr. Karimnagar Pistriqt. I Buildings, State of Telangana, Hyderabad.

1. The Prin:ipal Secretary, Mines and Geology Department, Secretariat 2. Ihe S-talion' House Officer, Manakondur PS, lvlanakonndur Mandal, 3. The Tahaildar, MaDakonndur Mandal, Karimnagar District. 4. The Assistint Director of Mines and Geology. Karimnagar Dlstrict at 5 -Qhe CC 1o S(l T LAKSHMI NARAYANA, Advgcate lOPUCI 6 jwo oCs to 9P FoR MINES AND GEoLoGY, High ()oult for the $tate of 7 fwo cos t0 GP FoR HoME, High Court for the State of Telangana at a. fuvo CQs to Gp FOR REVENUE, High Court for the State 9f felangana 3f 9. TWo CD'Cooies. ' Hydelsbs,l. [QUT] tAtor& witr'[bppy af the prdqf in W.P Ne 35559 ot?024 dateC 19-1?'20?4 !q tlis Ordgrr RSK E9 (yderpba,j [OUT] Telangan;r. [QUT] To, l j l { t \ *9 Ec ,'?,m."y' HIGH COURT DATED:0710312025 I ) ORDER ItlF.No.6955 of 2025 1 Ht: S ] Ro k k O ,' iJ 3 0 innIfrl 2025 (i r * 'nti'.\"'',:," -i:--:=_ DISPOSING OF THE WRIT PETITION WITHOUT COSTS TIIE HON'BLE JUSTICE MOUSHUMI BHATTACIIARYA WRIT PETITION No.35559 of 2o24 Mr. Madas Bharath Chardra, learned counsel for the petitioner Mr. K.Goutham Reddy, the leamed Assistant Government Pleader for Mines appearing for tlle 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 respondent No.3. ORDER: Learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader for Mines "rU-it the writ petition may be disposed of in terms of the orders ih.t 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 ot 13.O3.2O2O in W.P.No.S717 of 2O2O. The petitioner also relies on a third order dated 26.O2.2O2O in W.P.No.4O86 of 2O2O. All 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 liling appropriate applications for release of the vehicles and rely on G.O.Ms.No. 15, Industries and Commerce l 2 (Mines-I) Department, dated, 19.02.2015 for that purpose. The petitioners th:rein were also given liberty to make app,lications before the rer;pondent No.2 therein for release of the vehicles and the resprndent No.2 was at Iiberty to pass apnropriate orders on the f,rting of such applications in terms of the said G.O.

3. The leamed Assistant Government pleader fo.- Mines submits that the petitioner may also be ca1led upon to pay the stipulated penalty as per Clause l2(2) of G.O.Ms.No. i rj, dated

19.O2.20l:i.

4. Considering the submissions made, this Court deems it ht to direct the petitioner to pay the required penalty before approachir.g the jurisdictional Magistrate or the respondent No.2.

5. W.P.No.35559 of 2024 is accordingly disposed ot-giving Iiberty to the pe ,titioner to approach the jurisdictional Marlistrate and to make zrn application for release of the vehicle. The petitioner shall also be at Iiberty to directly approa,:h the respondent No 2 for release of the vehicles. The Authorit5z concerned rshal I act in accordance with G.O.Ms.No. 15, dated 19.02.2015. TtLe Authorit5r concerned shall dispose cf the application hled by the petitioner within a week from the rlate of 3 such application being frled for release of the vehicle. The petitioner shall also deposit the required penalty before the Assistant Director of Mines and Geologr 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 shall also veriff 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 Geolog,, petitioners in similar cases shall make the Assistant Director of Mines and Geologr concerned as a party to such leave applications. 8, Miscellaneous Applications, if aly, pending in this writ petition stald closed. There shall be no order as to costs. MOUSHUMI BIIATTACIIARYA, J Date: 18.12.2O24. Note: Issue C.C. today (B/O) vSU