One CC to Sri v. Brahmaiah Chowdary

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 a writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the respondents more particularly the 3'd respondent in proposing to seize the vehicle Tractor No. T5-23:8202 and Trailor No. TS-23-T-8481 vide proceedings issued in Show Cause Notice No. 341/illegal sand/Seizure-confiscation/2O23 dated. 03.04.2024 of thee 4th respondent as illegal, arbitrary, contrary to the facts and also contrary to law apart from being violative of Articles 14.21 and 300-A of Constitution of lndia and set aside the same and consequently to direct the 3rd respondent to release the vehicle Tractor No.'T5-23-8202 and Trailor No. TS-23-T-8481 seized in connection with Crime No.14712024 forthwith in favour of petitioner. I I IANO:1OF 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 3rd respondent to release the Tractor No. T5-23-8202 and Trailor No. TS- 23-T-8481 seized in connection with Crime No.14712024, forthwith in favour of petitioner for interim custody, pending disposal of writ petition. I I Counsel for the Petitioner: SRI V. BRAHMAIAH CHOWDARY Counsel for the Respondent Nos.1 to 3: AGP FOR HOME Counsel for the Respondent No.4: AGP FOR MINES AND GEOLOGY The Court made the following: ORDER / THE HON'BLE SRI JUSTICE K.LAKSHMAN WRI'T PETI'I'ION No.1l23 5 0F 202s ORDER: Heard learned counsel lor the petitioner, leamed Assistant Govemment Pleader for Home, leamed Assistant Govemment pleader for Mines and Geology. 2' This writ petition is filed to declare the action of respondent No.3 r.rot to release the Tractor bearing Engine No. TS 23 g20Z and Trailer No.TS 23 T 8481 (for short, ,the subject vehicle,) vide proceedings issued in show cause notice No.34llillegal sand/ seizure_ confiscation/2O23, dated 03.04.2024 by respondent No.4 in Cr.No.l47 of 2024, as illegal and consequently direct respondent No.3 to release the subject vehicle. 3' Petitioner herein is the absolute owner and possessor of rractor bearing No. TS 23 B2O2 and Trailer No. TS 23 T 8481. In proof of the same, he has filed a copy of Registration Certificate. The subject vehicle was seized by respondent No.3 in connection with Crime No.147 of 2024 on 03.04.2024. The offences alleged against the accused in the said crime are under section 379 of the Indian penal Code and Stctiun 2l (4) of the Mines and Minerals (Development and \ I I 2 Regulation) Act, 1957 (for short, 'the MMDR Act') and Section 3 of Prevention of Darnage to the Public Property Act ( for short, 'PDPPA').

4. The allegation leveled against the accused is that he has transported sand illegalty. According to the petitioner, the subject vehicle was in thc custody of the respondent No.3 and it is subjected to Sun and Rain. Therefore, the petitioner sought to release the subject Tractor and Trailer.

5. Whereas, leamed Assistant Govemment Pleader for Home and leamed Assistant Govemment Pleader for Mines and Geology on instructions, would submit that the subject vehicle is involved in five (05) crimes and the subject vehicle has already produced before the Magistrate concemed vide P.No.280 of 2024 on 20.08.2024 itself. Therefore, the petitioner has to file an application seeking release/ interim custody of the tractor and trailer before the leamed Magistrate and it is for the learned Magistrate to consider the same.

6. Perusal ot'writ affidavit itself would reveal that the subject tractor and trailer involved in five (05) crimes vide Cr. No.3 l0 of 2020, Cr. No.502 of 2021, Cr. No.265 of 2023, Cr. No.414 of 2023 and Cr. I No.6l6 of 2023. Apart from the said crimes, the said vehicle and trailer also involved in Clr. No.142 of 2024. I 3

7. Para No.5 of the writ affidavit, the petitioner specifically contended that he is ready to comply the procedure laid down under G.O.Ms.No. l5 , dated 19.02.2015 .

8. In the light of the said submissions, since the subject vehicle was already deposited before the leamed Magistrate concemed, the petitioner has to fire appropriate application before the said court seeking rerease of the seized vehicre and it is for tJre court concemed to decide the same.

9. This writ petition is accordingly disposed of granting liberty to the petitioner to approach the leamed Magistrate concerned by filing application under 497 of BNSS, 2023, seeking release/interim custody of the subject vehicle and it is for learaed Magistrate to consider the said application in accordance with law. In the circumstances of the case, there shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this writ petition, shall stand closed. //TRUE COPY// SD/. P.PADMANABHA REDDY DEPUTY BEGISTRAR /, sEcTtgtr oFFICER To, Siricilla. Iffi,^i"io Telangana, Hyderabaci. rnspector of police,-biriilija p;ti-i; di;ik;;:'sirriirri,'iat?nna siricirra

1. The Princioal Secretarv, Home Depa(ment, Secretariat, The State of 2. The superintehdent of porice, Rajanna siriciila District at siriciila. . 4' The Assistant Director of Mines and Georogy, Rajanna siricira District at 5. One CC to Sri V. Brahmaiah Chowdary, Advocate tOpUCl 6. Two CCs to Gp for Home, t-tigh borrt io.til ffii; of Tetangana, at : 15:1$:,13 T?f[gt$I5tand Georosv' High courtrorthe State or B. Two CD Copies- w Hyderabad IOUTI TJ KV I \ I HIGH COURT DATED:2310412025 ORDER WP.No.11235 ot 2025 ?' I /;a .$ .? I $* $ r ttots lZ 'a'-:n--a-';? -( DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ c I