1. Ettaveni srinivas v. The State of Telangana

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 24 B 1579 and Trailer No. AP 15 AS 2496 of the 1st petitioner (2) Tractor No.TS 02 UC 99X0 and Trailer No. TS 02 UC 8812 of the 2nd petitioner, without following any procedur6 under statutes contemplated under Section 9Q Sub section 7 of Minor tvlineral concession Rules belonging to me as being illegal, arbitrary and against lhe principles of natural justice and violative of Articles 14, 16 19 (1Xg), 21, 300-A and 301 of Constitution of lndia and consequently direct lease the (1) Tractor No TS 24 B 1579 arrd T ailer No AP the respondents t,) '€ '15 AS 2496 of th,: 1it rretitioner (2) Tractor No TS 02 UC 9920 an'l Trailer No' TS 02 UC 8812 oi tlre' I' 1 petitioner' Counsel for the Petitioner : SRI T'LAKSHMI NARAYANA Counsel for the F:espondents No'1to4 : ASST'GP FOR MINES AND GEOLOGY Counsel for the Flespcrrdents No.2 : ASST' GP FOR HOME Counsel for the Flespcndents No.3 : ASST' GP FOR REVENUE The Court made't:he fcllowing: ORDER .,jt:* .r HON'BLE SRI JUSTICE K. LAI$HMAN IIIRIT PETITION No.17684 of 2o25 ORDER: Heard Sri T. Laxminarayana, learned counsel for the petitioners and learned Assistant Government pleader for Mines and Geologz, learned Assistant Government Pleader for Home, learned Assistalt 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.TS24 B 1579 & trailer bearing No.AP15 AS 2496 and 2) tractor bearing No.TSO2 UC 9920 & trailer bearing No.TSO2 UC 88i2, 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 23.06.2025 in connection with Crime No.237 of 2C25 on the allegation of illegal transportation of sand. The said vehicles are in the 2"d respondent police station. They are subjected to sun and rain. 2.d respondent is KL,J 1'. ? 'lo.I76a4 of 2025 2 not takir,E steps to deposit the said vehicle bl'fore the learned NIzLei strate concerned.

3. Pe'-i.i,-n:rs further contended that ttrey are ready to comply ivil;r Ruie 12 of the Telangana Sta,te iSanC Mining Rules, 2'01li hereinafter referred as "Ruler;, 12015,") issued by the Cc\/,lrnment vide G.O.Ms.No.15, Incluslries and Commerce ( Vtines-I) Department, dated 1,9,.O'.2.2O15

4. Leirrr--rri Assistant Government Pleader fol IIome, on instmctic'rr;, would submit that the said vehi,:1cs are with 2"d responc t:nt police station only. If the pr,:titioners I submit ':e pr-r:.;entation to 2"d respondent stating l.hat they are readv to r:omply with Rules, 2015, 2"a re.spor:dent will consider' 1 L.,l :;arfle .

5. In the ight of the said submission, it is ap:tropriate to extrar:t ltrLle 12 of Rules, 2015, which is as un,1er: :l For the Rule-13, under the heading "Jffences" the follou,in 3 s'rall be substituted "Any vehicle founc traaspo:-ting san<[ vjthout.valid transit pass issued by the Asr;t. Direot,)r of Minr:s It. Ceolog, concerned to Telangana S,tate Mil reral Der,<lcp.n, rLt Corporation OR transit form issued to the patt,ldar KL,J W.P.No.17684 of 2025 for de-casting sald from patta land will be deemed illegal and in contravention of these rules". The definition of transit form and transit pass is as described below: S No 1 2 Purpose Typ. Documentar y Evidence Transit form Source to Destination in respect of de-casting in ttaland Transit pass Stockyard to Destination in respect of TSMDC Rule Form-S3 (Rule 7(4) of TSSMR 2075 Form-E (Rule APMD 6of 2000 (1) Any vehicle transporting sancl along with transit pass issued by the Asst. Director of Mines & Geolog.r concerned to Telangana State Mineral Development Corporation OR transit form issued to the pattadar, if found, carrying sald in excess of the quantity specifred in the transit pass / transit form OR in excess of quantity permitted by the Transport Dept., such excess quantity sha-ll be imposed a fine @ Rs.2O00l- 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 Tlpe Tractor Lorry upto 10 tons ca ac1 Lorry above 10 tons ca _ Fist time (In Rs.) s,0o0/- 2s,ooo /- Second time 15 o00 so,0o0/- Rs s0,oo0/- s0,oo0/- 1,00,o00/- _ 1,00,000/_ (3) The vehicle/machinery, found involved more than two tirnes, such vehicle/machinery along with sand shall be KL,J \\' r.tr - 176a4 0f2025 4 sejz€(i/ crrIscated by the following officers rn tLe Slate authorrz:c :rnder these rules: a) Drstri r ( olLector (Concerned) b) Jc,ir r. ilr l cctor {Concerned) c) Sr.r!rr r ( ndent ofPolice (Concerned) d) Arlcl.l : r i I Superintendent of Potice/OSD (Concerned) e) Srrb ( olk ctor/ Revemre Divisional Ofhcer (concerrred). fl Tah: iIJar (concerned) Maldal. g) Srrb-I) ri iional Police Officer (concerned). h) S .ar ic rr F.ouse Ofhcer (concerned). i) Dirt i('r / I )ivisional Parchayat officer j) D(prrt,r ').rcctor of Mines and Geolory (Concernecl) k) A;s . [):r:ctor of Mines & Geolory (concerned) l) Ar v ol lrcr offrcer nominated by the Dist. Collector (conr er:re 1)." In the, ,ight of the said discussion, ttris 'wri1 petition

6. 1S dispost:rl r,f directing the petitioners t'l apprr)ach 2nd respond,enl ty way of submitting a representatir)n along with all o:jclinal documents in respect of tlle own':rship of the subiec: vehicles and inform the 2"d respon(:-ent that petitioners are ready to comply with Rule 12 r>f tlLe Rules,

2015. rCn:eceipt of the said represerttatron,2"d responden - shall consider the saine and disf)os(' of it, in m,J W.P.No. r7684 of2o2S 5 terms of Rule 72 of the Rules, 2015 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 COPY// To, 1 2 \ \ The Principal Secretary. Mines and . Geology ' Buildings, State of Telangana, Hyderabad. The Station House Officer, Manakondur P S' Karimnagar District. SD/-A.V.S. PRASAD EPUTY REGISTRAR SECTION OFFICER epartment, Secretariat IManakondur mandal,

3. The Tahsildar, Manakondur Mandal, Karimnagar District' 4. The Assistant Director of Mines and Geology, Karimnagar at Karimnagar Diskict.

5. One CC to SRI T.LAKSHMI NARAYANA, Advocate lOPUCl 6.TwoCCstoGPFORM|NESANDGEOLOGY,HighCourtfortheStateof Telangana. [OUT] T.TwoCCstoGPFORHOME,HighCourtfortheStateofTelanganaat Hyderabad. [OUT]

8.TwoCCstoGPFORREVENUE,HighCourtfortheStateofTelanganaat Hyderabad. [OUT]

9. Two CD Copies. BSK BS s \ \ HIGH COUR.I' DATED:25l06/2025 GC;TODAY K=t":.1 ,) tA ! o ? , ll,r 2025 (' 2 1 I ,_,( rr .:l - 1' .,..\J ORDER WP.No.17684 of 2025 DISPOSING (IF THE WRIT PETITION WITHOUT COSTS [rq''