Nagunuri Anil v. 1. The State of Telangana

Petition under Article 226 oI 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.TS 18 H 2573 & Trailer No.TG 02 T 0367 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 1 4, 1 6' 19 (1 ) (g)' 21 , 3OO-A and 301 of Constitution of India and consequently direct the respondents to release the Tractor No.TS 18 H 2573 & Trailer No. TG 02 T 0367 of the petitioner. IA NO| 1 0F 2025 PetitionunderSectionl5lCPcprayingthatintheclrcumstancesstated in the affidavit filed in r;upport of the petition, the'High Court may be pleased to direct the respondents to release the vehicles Tractor No.TS 18 H 2573 & Trailer No.TG 02 T 0367 of the petitioner forthwith pending the disposal of the above Writ Petition. Counsel for the Petitioner: SRI T.LAKSHMI NARAYANA Counsel for the Respondent No.1 & 4: AGP FOR MINES AND GEOLOGY Counsel for the Respondent No.2: AGP FOR HOME Counsel for the Respondent No.3: AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI WSTICE K. LAKSHMAN UIRIT PETITION No.8163 of 2o.25 ORDER: Heard Sri T. Laxminarayana, learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geologr, learned Assistant Government Pleader for Home, learned Assistant Government Pleader for Revenue. Perused the record.

2. Petitioner herein is claiming that he is absolute owner and possessor of Tractor No.TS-18-H-2573 and Trailer No.TG-02-T-O367. In proof of the satne, he has hled copies of registration certificates. The said vehicle was seized by the 2'd respondent on 1O.O3.2O23 in connection with Crime No.115 of 2025 on the allegation of itlegal transportation of sand. The said vehicle is in the 2'd respondent police station. It is subjected to sun and rarn. 2"d respondent is not taking steps to deposit the said vehicle before the learned Magistrate concerned. KL,J w.P.i{o 8163 of2025 2

3. Petitioner further contended that he is ready to comply with Rule 12 of tl:e Telangana State Sand Mining Rules, 2015 (hereinafter referred as "Rules, 2015') issued by the (lovernment vide G.O.Ms.No. 15, dated L9.O2.2015;.

4. Learnerl Assistant Government Pleader on instructions would submit that the said vehicle is with 2"d respondent police station only. If the petitioner submits representation to 2"d respondent stating that he is ready to comply with Rules, 2015, 2"d respondent will consider the same.

5. In the light of the said submission, it is appropriate to extract Rule 12 of the Telangana State Sand Mining Rules, 20 15, which is as under: "12. For the Rule-13, under the heading "Offences", 1.he following shall be substituted "Any vehicle found transporting sand without valid transit pass issued by the Asst. Director of Mines & Geologr concerned to Telangana State Mineral Development Corporation OR transit form issued to the pattaclar for de casting sand from patta land will be deemed illega-l and in KL,J w P No a163 of2025 J contravention of these rules". The definition of transit form and transit pass is as described below: S No- 1 2 Purpose Type Documentar y Evidence Transit form Source to Destination in respect of de-casting in pattaland Transit pass Stoclcyard to Destination in respect of TSMDC Rule Form-S3 (Rule 7(4) of TSSMR,20 15) Form-E (Rule 6 of APMDR,2OOO) (1) Any vehicle transporting sand along with transit pass issued by the Asst. Director of Mines & Geolory concerned to Telangana State Mineral Development Corporation OR transit form issued to the pattadar, if found, carrying sand in excess of the quantity' specihed in the transit pass / transit form OR in excess of quantity permitted by the Transport Dept., such excess quantity shall be imposed a fine @ Rs.2000/ - per MT. (2) Any vehicle/machinery, if found, involved in illegal extraction and transportation of sald in contravention of these rules shall be levied penalty for such each vehicle/machinery as detailed below: Vehicle Type Tractor Lorry upto 10 tons capacity Lorry above 10 tons capacity machinery Fist time (In Rs.) s,o0o/ - 2s,ooo I - Second time (ln Rs.) 15,O00/- so,000/- s0,000/- s0,000/- 1,00,o00/- 1,00,000/- (3) The vehicle/machinery, found involved more than two times, such vehicle/machinery along with sand shall be KL,J W-P-i\o-4I63 of 2025 4 seized/conitscated by the following ofhcers in the Sl.ate aut horizerl under these rules: a) District Collector (Concerned) b) Joint C,:llector (Concerned) c) Superintendent of Police (Concerned) d) Adclitional Superintendent of Police/OSD (Concerned) e) Sub Collector/ Revenue Divisional Ofhcer (concerned). f) Tahsilda,r (concerned) Mandal. g) Sub Divisionat Police Ofhcer (concerned). h) Station House Ofhcer (concerned). i) District/ Divisional Panchayat Ofhcer j) Deputv Director of Mines and Geolory (Concerned) k) Asst. Director of Mines & Geologr (concerned). 1) Any other ofltcer nominated by the Dist- Collector (concerned)."

6. In the light of the said discussion, this writ petition 1S disposed of directing the petitioner to approach 2nd respondent 1cy way of submitting a representation along with alt original documents in respect of the ownership of the subject vehicle and inform the 2"d respondent that petitioner is ready to comply with Rule 12 of the Rules,

2015. On receipt of the said representation,2"d respondent sha-ll consider the same and dispose it of in KL,J w.P.No.8l63 of2O2s 5 terms of Rule 12 of the Rules, 2015 within a period of (02) weeks thereafter.

7. With the aforesaid direction, this writ petition 1S disposed of. There sha-ll be no order as to costs.

8. As a sequel, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPY// SD/. A.SRINIVASA REDDY ASSI TANT RE SECTION OFFICER o,

1. The Principal Secretary, Mines and Geology Department, Secretariat Buildings, Hyderabad, State of Telangana.

2. The Station House Officer, Rural PS, Karimnagar Town, Karimnagar District 3. The Tahsildar, Karimnagar Rural Mandal, Karimnagar District 4. The Assistant Director of Mines and Geology, Karimnagar District at Karimnagar.

5. One CC to SRI T.LAKSHMI NARAYANA, Advocate [OPUC] 6. Two CCs to GP FOR MINES AND GEOLOGY, High Court for the State of Telangana at Hyderabad [OUT]

7. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT] B. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUTI

9. Two CD Copies BSR 6 I CC TODAY q q -i t\E $TAT e 1g lir:r ?iiE HIGH COURT DATED: 1810312025 ORDER WP.No.8163 of 2025 DISPOSING OF THE WRIT PETITION' WITHOUT COSTS