1. Jetti Raju v. 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 directign more in the nature of Mandamus, declaring the aclion of the respondents in seizing the ((1) Tractor Nq. TS 02 UD 0636 and Trailer No TS 02 UD 0637 of the lst petitioner (2) Tractor No.TS 02 UC 7338 and Trailer No. TS 02 UC 7339, of the 2ndpetitioner, without following any procedure under statutes contemplated under Section 9Q Sub Section 7 of Minor Mineral Concessron Rules belonging to me as being illegal, arbitrary and against the principles of natural justice and violative of Articles 14, 16. t9 (1)(g), 21, 300-4 and 301 of Constitution of lndia and consequently direct the respondents to release the (1) Tractor No. TS 02 UD 0636 and Trailer No. TS 02 UD 0637 of the 1st petitioner (2) Tractor No.TS 02 UC 7338 and Trailer No. TS 02 UC 7339, of the 2nd petitioner. lA NO:'l OF 202s Petition under Section 1 51 CPC praying that in the cireumstances stated in the affidavit filed in support of the petition, the High Court may b9 pleEsed to direptthe respondents to;ele49e the vehicles (1) Tractor No TS 02 UD 0036 and Trailer No TS 02 UD 0037 of the 1St petitianer (2) Traoor NoTS 02 UC Tqga and Trailer No TS 02 UC 7339, of the 2nd petitioner forthwith pending the disposal of the above WP. pounsel for the Petitioner : SRI T.LAKSHMI NARAYANA pounsel for tfre Respondents No.1&4 : GP FOR MINES AND GEOLOGY Counsel for the Respondents No.2 : GP FOR HOME Counsel forthe Respondents No.3 : GP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSI'ICE T. VTNOD KUMAR WRIT PETITION No.69 6 t of2025. ORDER: Heard leamed counsel lbr petitioners, leamed Govemment Pleader for Mines & Geology' appearing lor respondent Nos. I & 4, learned Government Pleader for Horne appearing for respondent No.2, learned Government Pleader lor Revenue appearing for respondent No.3, and with the consent of the counsel appearing for the respective parties, the Writ Petition is taken up tbr hearing and disposal at admission stage

2. Shorn of unnecessary details. the case of the petitioners, brief, is that their vehicles viz., Tractor bearing No.I'S 02LID 0636 & Trailer bearing No.TS 02UD 06i7 and 'l'ractor bearing No.TS 02UC 7338 & Trailer bearing No.I'S 02UC 7339 were seized by the rcspondents on 28.02.2025, when the same were carrying sand for personal use. 3 Petitioners further contend that despite the petitioners approaching the respondents-authoritics sceking release of the vehicle, the same have not been released, due to which the vehicles of the petitioners i.e., Tractor bearing No. 'fS 02UD 0636 & Trailer bearing No.TS 02UD 0637 and Tractor bearing No.TS 02UC 7338 & Trailer 2 bearing No. fS 02UC 1339 are exposed ro vagaries of rhe nature causing darnage to the vehicle belonging to thc petitioncrs, who are eking out their livetihood by plying the aforesaid vehicle.

4. Per corttra, Ieamed Govemment pleader appearing on bchalf of respondents submits that the authorities on noricing thc petitioners using the aforesaid ',,ehicles for illegal transporlation o1- sand, have seized the vehicles and registered a case vide Crime No.7gl 2025 on

28.02.2025 -5. Leamed (]overnment pleader further submits that on registering the albresaid crime, the authorities have deposited the seized vehicles viz., tractors & trailers before the concemed Cour1, and thus if the petitioners intend to seek release of the vehicles, thet. have to approach the concerned Court. 6 I have taken note of the respective.subrn iss ions ntadc 7 This Court, in similar circumstances in W.p.No.355 59 ol 2024, while disposing of the said writ petition by order dt.rg.r2.202.1, had granted liberll' to the petitioner therein to approacrr the jurisdictionar Magistrate and to make application seeking for release of the vchicle. This courr, in the aforesaid writ petition, has also granted rurther liberty to the Petitioncr therein to directry approach the 2nd rcspondent 3 therein for release of the vchicle and thc authoritv was directed to act in accordance with G.O.Ms.No.l5, 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 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 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 fbr the reasons as stated in W.P.No.35559 of 2024, dt.18.12.2024, and in terms thereof, this Writ Petition is disposed oL No order as to costs

11. Registry is directed to append a copy ol the order passed in W.P.No.35559 of 2024, dt.18.12.2024, to this order

12. Consequently, miscellaneous petitions, iI any, pending in these writ petitions shall stand closed SD/-L. LAKSHMI BABU NT REGISTRAR AS IS //TRUE COPY// SECTION OFFICER To, 1 2 The Principal Secretary, Mines Buildinos. State of Telandana, HYd ine S-taiion House o-fficer, M Karimnagar District. and Geology Department, Secretariat erabad. anakondur P. S, Manakondur mandal,

3. fhe i;#ilaar Manakondur, Mandal, Karimnagar District ;. tii; G.i;t""t Director of 'Min"" and Geology' Karimnagar at Karimnagar District. (# Telangana [OUT]

5. One CC to SRI T LAKSHMI NARAYANA, Advocate. IOPUC] 6. Two CCs to GP FOR IVINES AND GEOLOGY, High Court for the State of 7 TVto CCs to GP FOR |.{OME, High Court for the State of Telangana at 8. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at flyderabad [OUT] Hyderabad [OUT]

9. Two CP Copies. (Along with a copy of the Order in W.P.No.35559 ot2024, dated 18-12-2024 to this order) qSK BS ft;.**':i#1i,' 1per".-ri!*.*:1 F 's- --t lil-.-. .FEEE tLit t -l HIGH COURT DATED:0710312025 \) I t ( ORDER WP.No.6961 of 2025 7 I 2 5 ilAn 2$25 ( ,l + DISPOSING OF THE WRIT PETITION WITHOUT COSTS (k 4"1 "'^I1l>t THE HOIY'BLE JUSTICE MOUSHT'MI BTIATTACIIARYA WRIT PETITION No. 35559 of2024 Mr. Madas Bharath Chandra, learned counsel for the petitioner. Mr. K.Goutham Reddy, the learned Assistant Government pleader for Mines appearing for tJ"e respondent Nos. 1 and 4. Mr. M.Srinivas, leamed Assistant Government pleader for Home appearing for the respondent No.2. Ms. T.Swetcha, leaned counsel representing the learned Government Pleader for Revenue appearing for the respondent No.3. ORDER: l,earned 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 clrcumstances

2. The first order placed before the Court was passed on

24.O3.2O21 in W.P.No.7253 of 2O2l and the second order was passed on 13.03.2O2O in W;P.No.S7lt of 2O2O. The petitioner also relies on a third order dated 26.O2.2O2O in W.p.No.4086 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.l5, Industries and Commerce (Mines-l) Department, dated 19.02.2015 for that purpose. The I petitioners therein were also given iiberty to make applications 2 before the rcspondent No.2 therein for release of the vehicles and the respondent No.2 was at liberty to pzrss appropriate orders on the hling of such applications in terms of the said G.O.

3. The lt:arned Assistant Government Pleader for Mines submits thal the petitioner may also be called upon to pay the stipulated pe.nalty as per Clause 12(21 of G.O.Ms.No.15, dated

19.o2.20t5.

4. Considcring the submissions made, this Court deems it fit to direct the petitioner to pay the required penalty before approaching the jurisclictional Magistrate or the respondent No-2.

5. W.P.No.35559 of 2024 is accordingly disposed of giving liberty to the l)etitioner to approach the jurisdictional Magistrate and to make an application for release of the vehicle. The petitioner shzrll also be at liberty to directly :rpproach the respondent No.2 for release of the vehicles. The Authority concerned shall act in accordance with G.O.Ms.No. 15, dated 19.O2.2OI5. l'he Authority concerned shall dispose of the application filecl by the petitioner within a week from the date of a 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 verify this issue before release of the vehicle. The transport authorities shall also verilr 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 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 BTIATTACHARYA, J Date: 18.12.2024. Note: Issue C.C. today (B/O) vsu