High Court · 2025

Petition under Article 226 ot the constitution of India 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 l\4andamus declaring the action of the respondents more particularly the 4th respondent issued impugned proceeding no. 394/illegal sand/seizure- confiscation/2o23 dated. 02.o4.202s to seized the vehicle TS-05-UB-2882 and Trailor No. TS-23-T-059 as illegal, arbitrary, contrary to lhe facts and also contrary to law apart from being violative of Articles 14, 21 and 300-4 of constitution of lndia and set aside the same and consequenfly to direct the respondent no. 3 and 4 to release the vehicle TS-os-uB-2882 and rrailor No. TS-23-T-0592 seized in connection with Crime No.2B of 2025 forthwith in favour of petitioner. ..a' lA NO: 'f OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppod of the petition, the High court may be pleased to direct the respondent 3 and 4 to release the TS-05 UB-2882 & Trailor No.TS-23-T J- 05g2 seized in connection with crime No.2B of 2025, forthwith in favour of petitioner for interim custody, pending disposal of writ petition Counsel for the Petitioner: SRI P. RAMULU Counsel for the Respondent Nosl and 4.: GP FOR MINES AND GEOLOGY Counsel for the Respondent Nos.2 and 3: GP FOR HOME The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.131O1 of 2025 ORDER: Heard Sri P. Ramulu, learned counsel for the petitioner and learned Government Pleader appearing for Mines and Geologr. Perused the record.

2. Perusa-l of the record would reveal that one Sathish Reddy Na-Lla is the absolute owner and possessor of subject vehicle i.e., Tractor bearing No.TS-O5-UB-2882 and Trailor bearing No.TS-23-T-O59. The subject vehicle is seized in connection with Crime No.28 of 2O25 dated O9.O3.2O25 of P.S Vemulawada Rural. The offences alleged against the petitioner/A-4 herein and other accused are under Section 303 (2) BNS and Section 3 of PDPP Act. The a-llegations levelled against the petitioner herein and other accused are they are transporting the sand illegally. KL'J !r'.P.No.13101 of2025 2

3. Thereafter, 4ft respondent has issued show cause notice dated 27.03.2025 granting (03) da5.s 1i-" ,o submit explanation to the petitioner. Petitioner herein failed to submit explanation. Thereaftei, 4fr respondent has passed confiscation order dated 02.O4.2025. Challenging the same, petitioner liled the present writ petition.

4. Learned Assistant Government Pleader for Mines and Geologz on instructions would submit that petitioner herein has to submit application in terms of Rule 13 of Telalgana State Sand Mining Rules, 2015 issued by the Government vide G.O.Ms.No.3, Industries & Commerce (Mines-I) Department, dated O8.0i.2015 by paying the fine imposed under the confiscation order and 4th respondent u,ill consider the same. Thereafter, the petitioner has to approach ttre concerned Magistrate seeking reiease of the said vehicle. It is for the learned MaSistratg, to consider the same. ' ,} 3 KI,J W.P.No.13l0I of2025

5. Though the petitioner herein is claiming that he is owrler of the subject vehicle, he has not filed aly document to show that he is the owner of the subject vehicle. As per the registration certificate vehicle is in the name of Sathish Reddy Nalla. Petitioner is contending that he has purchased the said vehicle under an un- registered agreement of sale dated 01.12.2022 from the said Sathish Reddy Nalla. He has filed copy of the said un-registered sale deed.

6. Show cause notice was issued to the petitioner herein. Even confiscation order is in the name of the petitioner and in the confiscation order owner of the vehicle is mentioned as petitioner. However, it is a factual aspect which the 4th respondent has to consider.

7. According to learned Assistant Government Pleader for Mines and Geologz, the subject vehicle is invoived in three crimes and this is the 4th crime. KL,J w.P.No.13rO1 of2025 4

8. In the light of the said submission, it is relevant to extract Rule 13 (3) & (4) of the Telangana State Sand Mining Rules, 2015: (3) The vehicle/machinery, found involved more than two times, such vehicle/machinery alongwith sand shall be seized/confiscated by the following officers in the State authorized under ttrese rules: a) District Collector (Concerned) b) Joint Collector (Concemed) c) Superintendent of Police (Concerned) d) Additional Superintendent of Police/OSD (Concerned) e) Sub-Collector/ Revenue Divisional Officer (concerned). f) Tahsildar (concerned) Mandal. g) Sub-Divisional Police Officer (concerned). h) Station House Officer (concerned). i) District/ Divisional Panchayat Officer j) Deputy Director of Mines and Geologr (Concerned) k) Asst. Director of Mines & Geologr (concerned). 1) Any other ofhcer nominated by the Dist. Collector (concerned). (4) An officer authorized under sub-rule (3) shal1 follow the procedure as under to confiscate any vehicle/ machinery: a) Issue show cause notice to the person/owner from whom the vehicle/ machinery is seizure /confiscated. 'il KL,J W.P.No.13101 of 2025 5 b) Immediately take steps by preparing seizure/conliscation report and produce the vehicle/machinery before the Competent Court to enable the person/owner from whom the vehicle/machinery is seized to hle an application under Section 451 of Criminal procedure Code (Cr.p.C) for release of vehiclef machinery, whereupon the Competent Court shall pass orders in accordance with law- c) In the alternative, the person/owner from whom vehicle/machinery is to be seized shail be permitted to submit explanation to the show cause notice alongwith an application to the authorized oflicer seeking release of vehicle/ machinery. d) Upon receipt of explanation to the show cause notice and the application for release oI vehicle/ machinery, the authorized officer shall consider the application and pass appropriate orders in accordance with law, within a period of two weeks there from, on production of security of Rs.25,000/_ in case of tractor; Rs.1,00,0OO/- in case of vehicie upto 10 tonnes capacity; Rs. 1,50,000/- in case of vehicle above 10 tonnes capacity and Rs.2,OO,OOO/_ for any machinery, in the form of Demand Draft drawn in favour of the authorized oflicer alongwith an affidavit/undertaking to produce the seized vehicle/ machinery as and when required. e) If the person from whom the vehicle/machinery is seized, fails to comply sub-rule (4) clause d', the authorized officer shall issue order for disposal of 1 \ 1 KL,J w-P.No.131O1 of2O25 6 seized vehicle/machinery in public auction in consultation with Transport Department within (15) days from the date of seizure order. f) The line paid as per the orders of Competent Court; the security furnished as per sub-rule (4) clause 'd'OR the proceeds as per sub-rule (4) clause 'e' shall be deposited in the head of account 'O853- 102-8 l--other receipts' and the original cha-llan shall be sent to the Asst. Director of Mines & Geolory concerned. Therelbre, petitioner has to approach 4th respondent by way of submitting an application in terms of Rule 13 (3) of the Tr:langala State Sand Mining Rules, 2015 along with releva-nt documents. It is for the 4th respondent to consider the same and dispose of the said application.

9. In the light of the aforesaid discussion, this writ petition is disposed of granting liberty to the petitioner to approach .+th respondent by way of subrnitting an application in terms of Rule 13 of the Telangana State Sand Mining Rules, 2015 with a request to release the subject vehicle and on receipt of the same, 46 respondent sha-Il consider the sa-rne in terms of Rule 13 of the Telangana State Sand Mining Rules, 2O15 and dispose it KL,J W.P.No.l3t0t of2025 1 of strictly in accordance with law within a period of (O2) weeks thereafter. It is for the 4th respondent to consider the ownership of the subject vehicle and satisfy hirnself basing on the documents submitted by the petitioner.

10. With the aJoresaid directions, this writ petition is disposed of. There shall be no order as to costs. 1 1. As a sequel, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPY// SD/. P.PADMANABHA REDDY DEPUTY FEGISTRAR SECTION OFFICER

1. State of Telangana, The Principal Secretary, Mines and Geology DeDartment. Secretariat, Hvderabad.

2. Th6 Superintendent of Poli6e, Rajanna Siricilla District at Siricilla. 3. The Sub lnspector of Police, Vemulawada Rural Police Station, Rajanna

4. The Assistant Director of Mines and Geology, Rajanna Siricilla District at Siricilla District. Siricilla

5. One CC to Sri P. Ramulu, Advocate IOPUC] 6. Two CCs to GP for lt/ines And Geology, High Court for the State of Telangana, at Hyderabad [OUT]

7. Two iC to'ttre GP for Home, High Court for the State of Telangana, at HyderabadlOUTl 8. Two CD Copies \ To, TJ KV W- HIGH COURT DATED:2910412025 I of TEI-4 /e ORDER WP.No.13101 of 2025 .,) iu- -?4 .9 I $* i3 o &1 6/ i I .,^ i.t1.1l',\ :l n DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ d I