1. Orsu Sampath v. The State of Telanqana

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' NO.TS 02 UE 1350 and Trailer No TS 02 UE 1351 of the 1st petitioner (2) Tractor No.TS 02 UE 1207 and Trailer No TS 02 UE 1208 of the 2nd petitioner' withoutfollowinganyprocedureunderstatutescontemplatedunderSection9Q Sub Section 7 of Minor Mineral Concession Rules belonging to me as being illegal, arbitrary and against the principles of natural iustice and violative of Articles 14, 16, 19 (1)(g), 21, 300-A and 301 of Constitution of lndia and consequenfly direr;t .rre: respondents to rerease the (1) Tractor No No.TS 02 UE 1350 and rrairer Nro rs 02 uE 1351 0f the lstpetitioner(2)Tr,:cto, No.TS 02 UE 12O7 and Trailer N o -lj 02 UE 1208 of the 2nd petitioner. lA NO: 1 OF 2025 Petition u.d:r {it>ction 15'1 cpc praying that in the c rcurnstarces stated in the affidavit firec in support of the petition, the High court rray Ire preased to direct the responderts :o release the vehicles (1) Tractor No. NO.Ti:;02 UE .1350 and rrairer No. TS 02 - E 1351 0f the 1st petitioner (2) Tractor t'ro T;:i 02 nE 1207 and Trailer No TS (,1 UE 1208 of the 2nd petitioner forthwirh pending the disposal of the atro,re \\,p Counsel for the F,etitic,ner : SRI T.LAKSHMI NARAYANA counsel for the Respc ndents No.1to4 : ASST.Gp FoR MrNES AND GEoLoGy Counsel for the Respondents No.2 : ASST. Gp FOR HOME Counsel for the Rer;p,:ndents No.3 : ASST. Gp FOR REVENUE The Court made the li> lowing: ORDER HON'BLE SRI JUSTTCE K. LAIGHMAN WRIT PETITION No.17631 of2o25 ORDER: Heard Sri T. Laxminarayana, learned counsel for the petitioners and learned Assistant Government Pleader for Mines and Geologr, learned Assistant Governrnent Pleader for Home, learned Assistant Government Pleader for Revenue. Perused the record.

2. Petitioners herein are claiming that they are the absolute owners and possessors of 1) tractor bearing No.TSO2 UE 1350 & trailer bearing No'TSO2 UE 1351 and,2) tractor bearing No.TSO2 tJE l2O7 & trailer bearing No.TS02 UE 12O8, respectively. In proof of the same, they have filed copies of registration certificates' The said vehicles were seized by the 2"d respondent on 2l'06'2025 and 22.06.2025 respectively in connection with Crime No.209 of 2025 on the allegation of illegal transportation of sand.. The said vehicles are in the 2nd respondent police station. They are subjected to sun and rain' 2"d KL,J ! Ir \ro 17631 o12025 2 responde.l . s; not taking steps to deposit the sail vehicle before tlrrr ,:arned Magistrate concerned.

3. Pelitiorr()rs further contended that they are ready to comply "1,:th iule 12 of the Telangana State f)au,:1 Mining Ruies, 201:, (hereinafter referred as "Rules. 2r)15") issued by the lio;e t'nment vide G.O.Ms.No.15, Indust:ies and Commerc,: (I4ines-I) Department, dated 19.O2..2O S.

4. Leerr'-,c[ Assistant Government pleadt-'r ftrr F{ome, on instructio'r-r, ,vould submit that the said vt:hicles are with

2.d resp:onct,:nt police station only. If r,he petitioners submit rell-:sentation to 2"d respondent statiltg t rat they are read'z to ,:3110i, with Rules, 2075,2"d r-esponrlent will consider tl-rr: same.

5. In th: :iElht ol the said submission, it is appropriate to extracl 'ltr.c 12 of Rules, 2015, which is as rrnder: 'l ll For the Rule-13, under the heading ,,CfferLces , lhe follov lr:g srall be substituted "Any vehicle found trarspor ing sand wrttour valid transit pass issued by the Asst. Direcr:or of Miner; 8 (leolo$, concerned to Telangana State Mjlt( ral Develcpn trrrt Corporation OR transit form issued to the l)attarlar KL,J w.P.No- 17631 of 2025 3 for de-casting sand from patta land will be deemed illegal ald in contravention of these ru]es". The definition of transit form and transit pass is as described below: I I S No 1 2 Purpose Type Documentar y Evidence Transit form Source to Destination in respect of de-casting in pattd-land Transit pass Stockyard to Destination in respect of TSMDC Rule Form-S3 {Rule 7(4) of TSSMR,2O 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, carr5ring 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 quantify shall be imposed a hne @ Rs.2000/- per MT. {2) Any vehicle/machinery, if found, involved in illegal extraction and transportation of sand in contravention of these rules shall be levied penalty for such each vehicle/machinery as detailed below: Vehicle Type Tractor Lorry upto 1O tons capacity l,orry above 1O tons capacity machinery Fist time (In Rs.) 5,000/- 25;ooo /- Second time (In Rs.) 15,00o/- s0,000/- s0,o00/- so,o00/- 1,O0,000/- 1,O0,000/- (3) The vehicle/machinery, found involved more than two times, such vehicle/machinery atong with sand shall be KL,J ,I l .No 17631or2025 4 sei,e 1/c(,rrfiscated by the following officers in Lhc State alrlhor,,( ( under these rules: a) I)ist: :ct Collector (Concerned) b) .lo n (irllcctor (Concerned) c) Siu ri r r t -endent of Police (Concerned) d) trd 1i - ( r al Superintendent of Potice/OSD (Conce:ned e) S u r-()olLector/ Revenue Divisional Officer (conce-ne<l . f) Tal s Llrr (concerned) Maldal_ g) Sr.r r-t):v.sional Police Officer (concerned). h) f itr l,: r :louse Officer (concerned). i) Dis. ri : : / )ivisional Panchayat Officer j) D:p u .; [ )ire ctor of Mines and Geotogr (Concerned) k) 1s: : lir ector of Mines & Geologr (concerned). l) A r1. c r : - ofhccr nominated by the Dist. Collector {conccr lr d).,'

6. In tlrc trght of the said discussion, this rnri petition is dispc s,r<l of directing the petitioners to appr )ach 2nd respondetlr 3y way of submitting a representati,ln along with a1l o.-i€;irral documents in respect of the own,:rship of the suble,:. vehicles and inform tlne 2"d responclent that petitionr:rs rlre ready to comply with Rule L2 of tl.Le Rules, 2015. (Jr-r r-eceipt of the said represerrtatron, 2nd respond(trrt s;hall consider the sarne and rlispose of it, in KL,J W P No.17631 of 2025 5 terms of Rule 12 of the Rules , 2OI5 within a period of two weeks thereafter. As a sequel, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. There shall be no order as to costs. //TRUE COPYtt i The Prin Buildings, crpal Secretary, Mines and Geo brate ot I elangana, Hyderabad. SD/.A,V.S. PRASAD DEPUTY REGISTRAR SECTION OFFICER Department, Secretariat 5lr:r,"]1",,o" House Officer, L.M.D p S, Thimmapur mandat, Karimnagar To, , I[:r,1.r'r,rnt Director of Mines and Geology, Karimnagar at Karimnagar

3. The Tahsildar, Thimmapur Mandal, Karimnagar District. , 5 One CC to SRt T.LAKSHMt NARAYANA, Advocate. IOPUCI 6. TWO CCS tO GP FOR MINES AND GEOLOGY, High COUrt fOr thE StAtE Of 7. Two CCs to Gp FOR REVENUE, High Court for the State of Telangana at B. Two CCs to Gp FOR HOME, High Court for the State of Telangana at 9. Two CD Copies. Hyderabad. [OUTJ Telangana. [OUT] Hyderabad. [OUT] BSK BS 6 HIGH COUR'[ DATED:24 nil2.025 ORDER WP.No.17631 of 2025 -;-==' lTne .t; :4 ( (_) ()1 ii 6 iljr'l ?025 ;j..,, -l DISPOSING IOFI THE WRIT PETITION WITHOUT COIiTS @1 tu, t5