High Court · 2025

Petition under liection 151 CPC praying that in the circumstances stated tn the affidavit filed in support of the petition, the High Court may be pk,rased to direct the respondents to rolease the Tractor bearing No. TS 02-UB.2C\7 B and Trolly bearing No TS 02-UEl-2079 seized in connection with FIR No. 88 of 2025, dated. 15.05.2025, to the p-.titioner forthwith pending the disposal of tl'e above Writ Petition Counsel for the f)etitioner: SRl. P RAMULU Counsel for the tlespondent Nos.1&4: GP FOR MINES AND GEOLOGY Counsel for the Flespondent No.Z: AGP FOR HOME Counsel for the Flespondent No.3: AGP FOR REVENUE The Court made tlhe following: ORDER .r;-.,.-;:*t&=*&d&l#se;.*.ikui .,. I t i I f i t I I - i HON'BLD SRI JUSTICE J. SREENTVAS RAO WRIT PETITIOIlI No. I s2s2 of 2o25 ORDER: This Writ petition is filed seeking the following relief:_ "to issue appropiate urit ord.er or directioa more panirularlg one in the nature oJ' Mandamus declaring the action of the respondents in sei.zing uehicle Tractor beaing No.TS O2_UB 2078 and Trollg beaing No.TS O2-UB-2O7! of the petitioner uithout folLotuing ang procedure under statutes contemplqted under Section ge Sub Sectlon 7 of Minor Mineral Concession Rzles as being illegal, arbitrary and against the pinciples oJ nrLturrrl justrce ctnd uiolqtiue of Articles 14, 16, lg (1) (g), 21, 3OO A and 3O1 of Constitution of India and consequentlV dlrect the respondents to relea.se th.e Tractor bearing No.TS O2-llB-2O78 and Trolly beoring No.TS O2_tlB_ 2O79 seized in connection Luith FIR No.B8 oJ 2O2S dqted 15.O5.2O25 to the petitioner forttu ith and. mag pclss..

2. Heard Sri p.Ramulu, learned counsel for the petitioner, iearned Assistant Government pleader for Mines and Geolo$/ appearing for respondent Nos. 1 and 4, learned Assistant Government pleader for Home appearing for respondent No.2 and learned Assistant Government Pleader for Revenue appearing for respondent No.3. With their consent, writ petition is disposed of at the admission stage.

3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the vehicle Tractor bearing No.TS i l ':,i-.- 2 O2-\JB-2O7I . nd f roll]' bearing No.TS O2-UB-2O79 Tne :;ar I vehicle was seized by the 2"'1 respond.ent in connection with Crime No-88 of 2025 on the alle geci ground that petitioner is transporting sand \ . illegally.CrimeNo38of2025wasregisteredon15'05'2025forthe offencesundt:rSection303(2)oftheBharatiyaNagaril<fluraksha Sanhita (BNS| anl Section 3 of the Prevention of DamaEle to Public Property Act, 1981 (PDPPA). The said vehicle i" the crrstody of "'dtt .responder: t.

2.d Learned couttsel further submits that the petitioner is readl' and 4 willing to cooperate with the investigation and in similar circumstance l, t.1is Court disposed of W.P.No'8 163 of 2025 on 1a.O3.2025 \vith certain conditions. Therefore, t.he petrtioner IS entitled for the ve:rr same order.

5. Learned Assistant Government Pleader for Home zrnrl learned Assistant Gcverr ment Pleader for Mines and Geologr have not disputed the rsamr:

6. In the light of the said submission, it is appropriate l-o extract Rule 12 of ttre T,:langana State Sand Mining Ru1es, 2015 (for short "the Rules"), ,vhrch is as under: "12. For t1e Rule-13, under the heading "offences", the following shall be substitttted 'Any vehicte found transporting sand lr'ithout valid transit pass issrted by the Asst. Director of Mines & Geolory cc'ncgrned to Telanglna S;tate Mineral Development Corporation \ transit form ')R 4/ I .;I 1 .i 3 issued to the pattadar for de-casting sand from patta land will be deemed illegal and in contravention of these mles,_ The definition of transit form and transit pass is as descdbed be]ow: S No 1 2 Type Documentar Evidence Transit form Transit pass Purpose Rule Source to Destination in respect of de-casting in ttaland Stockyard to Destination rn respect ofTSMDC Form-S3 (Rute 7(4) of TSSM 2015 Form-E (Rule 6 of APMDR,2OOO) (1) Any vehicle transporting sand along w.ith transit pass issued by the Asst. Director of Mines & Geologr concerned to Telangana State Mineral Development Corporation OR transit form issued to the pattadar, if found, carrying sand in excess of the quantity specified in the transit pass / transit form OR in excess of quantity permitted by the Transport Dept., such excess quantity shall be imposed a fiie @ Rs.20O0l- per MT. (2) Any vehicte/ machinery, if found, involved in illegat extraction and transportation of sand in contravention of these rules shall be Ievied penalty for such each vehicle/machinery as detailed below: Vehicle Tractor Lorry upto lO tons ca Lorry above 1O tons ca t machine ry I Fis t time nRs 5,O00/ 2s,ooo / - Second time (In Rs.) 15 0oo /- 50,000/ s0,oo0/- 50,o00/ 1,00,o00/- 1 00 0oo/- (3) The vehicle/machinery, found involved more than two times, such vehicle/ machinery along with sand shall be seized/confiscated by the following officers in the State authorized under these rules; a) District Collector (Concerned) b) Joint Collector (Concerned) I I 7 \ t I I 4 c) Superinlendcnr of Police (Concernedl d) Add.itior al SLrperintendent of Potice/ OSD (Concerned) e) Sub Collector'/ Revenue Divisional Officer (concerned) f) Tahsildar (cotrcerned) Mandal' g) Sub-Di!isional Police Ofhcer (concerned)' h) Station House Ofltcer (concerned)' il Districl, Di!ir,i rnal Panchayat Officer j) Deputy Director of Mines and Geolory (Concerned) k) Asst. Direct(,r of Mines & Geotory (concerned)' l) Any other offlr:er nominated by the Dist Collector (concerned)''' In the light of the said discussion' this writ petition is clisposed of 7. directing th: pr:ritioner to approach 2'd respondent b'y ll'ay of submitting a representation along with all origillal d')cr lments in respect of the ownership of the subject vehicle and inform the 2"d respondent l,hat the petitioner is ready to comply u'ith Rr'rL: 12 of the Rules. On ]eceipt of the Said representation, 2". resp,or,dent shall consider th€ sarle and dispose it of in terms of Ru le 12 of the Rules' within a period ol (O2) weeks thereafter'

8. With the aforesaid direction, this writ petition There shall be no order as to costs' 1S d Lsposed of Miscellane<ms petitions pending, if any' sha1l stand cl<.rsed I t To, '1 . The Prl. S;ecretary, Mines and Geology Depart Hyderabad. //TRUE COPY// SD/-V, KAVITHA DEPUTY REG]STRAR SECTION OFFICER \, 't , Secretariirt Buildings,

2.TheStationHr:useOfftcer,BoinpalliPoliceStation'RajannaSircillaDistrict 3. The Tahsildar Boinpalli lvlandal, Ra.ianna Sircilla District' \1 - I i ,*l 4 The Assistant Director of Mines and Georogy, Rajanna sircira District at Sircilla. One CC to SRt. p RATVULU Advocate [OpUCj Two CCs to GP FOR MTNES AND GEOLOGY ,High Court for the State of Telangana. [OUT] Two CCs to GP for Home High 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 4 6

7. B I KKS BS I I \ l t l. Ii l, i I t I HIGH CO[]IRT' DATED:21 10512025 VA( ATION COURT \ ORDER WP.No.15252 o12025 z1--,te (' sr4r€ 2t tqu M ,4. \.i. (, ,i ,,/ I I DISPOSINGi THE WRIT PETITION WITHOUT COSTS ! t fl'1 -';\<1"' 16