High Court · 2025

Petition under Article 226 of the 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 ('1 ) Tractor No.TS'19 T 6803 and Trailer No TS 02 UC 3421 of the'1't petitioner, (2) Tractor No.TS 02 UC 5262 and Trailer No. TS 02 UC 5261 of the 2nd petitioner and (3) Tractor No.TS 22 TA 2074 and Trailer No. TS 22 f 1211 of the 3'd petitioner, without following any procedure under statutes contemplaled 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 (1Xg), 21 ,300-A and 301 of Constitution of lndia and 7 consequently direct the respondents to release the (1) Tractor No.TS 19 T 6803 and Trailer No TS 02 UC 3421 of the 1st petitioner, (2) Tractor No.TS 02 UC 5262 and Trailer No. fS 02 UC 526'1 of the 2nd petitroner anrl (3) Tractor No.TS 22TA2074 and Trailer No. TS 22 f 1211 of the 3'd petitioner lA NO: 1 OF 2025 Petition under Siection 151 CPC praying that in the circumstances stated in the affidavit filed rn support of the petition, the High Courl may be pleased to direct the respondenis to release the vehicles ('1) Tractor No TS 19 T 6803 & Trailer No TS 02 UC 3421 of the 1't petitioner, (2) Tractor No.TS 02 UC 5262 & Trarler No TS 02 Utl 5261 of the 2nd petitioner and (3) Tractor No.TS 22 TA 2Ol4 & Trailer No 'S 22 T 12'1 '1 of the 3'd petitioner forthwith pending the disposal of the above \l/RlT PETITION Counsel for the Petitioner: SRl. T. LAKSHMI NARAYANA Counsel for the Respondent Nos. 1&4: GP FOR MINES AND GEOLOGY Counsel for the Respondent No.2: GP FOR HOME Counsel for the Respondent No.3: GP FOR REVENUE The Court made the following: ORDER HON'BLE SzuJUSTICE K. LAKSHMAN WRIT PETITION No.l1846 OF 2025 ORAL ORDER: Heard leamed counsel lor the petitioners, leamed Assistant Govemment Pleader for Mines and Geology appearing on behalf of respondent Nos.l and 4, leamed Assistant Govemment Pleader for Home appearing on behalf ol respondent No.2 and leamed Assistant Govemment Pleader for Revenue appearing on behalf of respondent No.3.

2. The petitioners herein are claiming that they arc the owners and possessors of the following vehicles: Sl.No 0l 02 03 Name of Petitioner Petitioner No. I Petitioner No.2 Petitioner No.3 'fractor No. TS l9T 6803 TS O2UC 5262 TS 22T A 2074 Trailcr No. TS O2IJC 342I TS O2UC 526I t's 221 121I In proof of the same, they have tiled copies of certificate of registrations. The subject vchiclcs were seized by respondent No.2 on | 5.04.2025 at 7.30 A.M. and kept them in respondent No.2 Police Station. The allegation levetled against the petitioners is with regard to illegal transportation of sand. The subject vehicles are in respondent No.2 potice station and they are subjected to sun and rain. I j; 2 KI..J \V I' No 11846 of2o25 'fherefore, the tretitioners filed the present writ petition ro release the said vehicles

3. Lcamed Assistant Govemment Pleader lbr Homc has produced r.r,rittcn instructions, wherein it is stated that when the petitioners transporting illegal sand through the subject vehicles, the same werc scr,rcd b1, respondent No.2 and a casc in (lrime No.35 of 2025 rvas rc_qi:itercd undcr Section - 303 (2) of BNS. Scction - 2 [ (4) of Mines & IVIineral I)evolopment Rcgulation Act. 1957 and Section - 3 of the I'reve ntion ol'Damage to Public Property Act, 1984 i) Itrarncd Assistant Govemment Pleader lbr Home. on instructions. r'' oukl subntit that the subject vehicles vicre depositcd befure thc conccmcd Court todav vide C.P. No.39 of 20115 ,+. In the light of thc said submissions, sinr:e the subject vehiclcs werc dcposited befbre the concemed Court, this Coun cannot pass an) orders and the petitioners have to file appropriate application belbre the said Court seeking release of the seized vehicles and it is lor thc conce rncd Magistrate Court to decidc the same. I i 3 KI.J W P No I1846 of2025

5. This writ petition is accordingly disposed of granting liberty to the petitioners to approach the concemed Magistrate by filing appropriate application seeking releasclinterim custody of the subject vehicles and it is for learned Magistrate to consider the same in accordance with law. In the circumstances of the case, there shall bc no order as to costs As a sequel thereto, miscellaneous petitions, if any, pending in i this writ petition shall stand closed To, //TRUE COPY// ) SD/-P. PADMANABH REDDY ISTRAR DEPUTY SECTION FFICER I Buildings, T S.,Hydera6ad "l . The Principal Secretary. Mines and Geology Department, Secretariat 2 The Station Houde Officer, Choppadand ip.S, Choppadandr mandat, 3 The Tahsildar, Choppadandi Mandal, Karimnaqar District. 4. The Assistant Director of [\rlnes and Geology, karimnagar at Karimnagar Karimnagar District. District. One CC to SRI. T. LAKSHMT NARAYANA, Advocate tOpUCl Two CCs to GP FOR MTNES AND GEOLOGY ,Hiqh iourt foi the State of felangana at Hyderabad [OUT] Two CCs to GP FOR HOME, Firgh Court for the State of Telangana, at Hyderabad [OUT] Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad [OUT] Two CD Copies 5 b 7 B I BM BS i I HIGH COURT DATED:21 1O4t2025 CC TODAY ORDER WP.No.11846 of 2025 HE S TA/ 3 ) t< It ()jr ? 2 APE 2[6 EJ LI ..t 9r r. ' ^ -rt't * DISPOSING OF THE WRIT PETITION WITHOUT COSTS nlt a-