The 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 Order, Direction or Writ, more particularly a Writ of Mandamus declaring the action of the respondents in seizing the Mahindra Max Pick Up vehicle bearing No. TG-36-T-0634 chasis No. MAIREZTTKRIAlggs8 of the Petitioner without following any procedure laid down under policy decision taken by the government and in terms of G.O.Ms.No.15, lndustries and commerce (Mines-l) Department, daled 19-o2-2ol 5 as being illegal arbitrary and against the principles of natural justice and violative of Articles 1a, 1 6, I 9 (1 )(g), 21, 300-A and 301 of Constitution of lndia and consequenfly direct the respondents to release the Mahindra Max pick Up vehicle bearing No. TG-36-T- 0634 Chasis No. MAlREZTTKR1419958 of the petitioner, forthwith. lA NO: 1 OF 2025 Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents to release the Mahindra IVax Pick Up vehicle bearing No. TG-36-T-0634 Chasis No. MAlREZTTKR1A19958 of the Petitioner, forthwith pending the disposal of the writ petition. Counsel for the Counsel for the Petitioner: SRI V.YADU KRISHNA SAINATH Respondent Nos.1 & 4: SRI K.GOUTHAM REDDY, AGP FOR Counsel for the Counsel for the MINES AND GEOLOGY Respondent No.2: SRI B.SRIOHAR, AGP FOR HOME Respondent No.3: AGP FOR REVENUE The Court made the following: ORDER THE HONOURABLE SRIIUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.23.t 75 of 2025 ORDER Heard learncd counsel for the petitioner and Sri.K.Gautham Red<Iy, learned Assista.t Government Pleader for Mines and Geology appearing for respondent Nos.1 and 4 and sri. B.sridhar, learned Assistant Government for Home appearing for respondent No.2 and learned Assistant Govcrnment Pleader for Revenue appearing for respondent No.3. With their consent, this writ petition is bcing taken up for disposal at the admission stage itself. 2 This writ petition is filed seeking following prayer:- "to declnre the action of tfu respondents in seizing the Mnltindra Max Pick Up oehicle bearing No.TG-36-T-0634 Chtsis No. MA1REZTTKR1A19958 of the Petitioner ruithout follotoing any procedure laid dozon under policy decisiort tnken by tlte goaernnent and. in terms of C.O.Ms.No.1S, Industriei nnd Cornnrerce (Mittes-l) Department dated 79.02.2015 as being illegaL, arbitrnry and against tlu principles of rtatural justice nnd uiolntiue of Articles 14, 16, 79 (l)(il, 21, 300-A ind 301 of Constitution of Indin and consequently direct tlu respondents to release the Mahindra Max Pick llp uehicle benring No.TG-36-T_ 0634 Chnsis No. MALREZTTKRLATq7SB of the petitioner fortlnoith."

3. Brief facts stated in this writ petition are that the petitioner purchased Mahindra Max Pick up vehicle bearing No.TG_36_T_0634 Chasis No. MA1REZTTKR1A19958 ro eke out his rivelihood. on 7g.02.202s, when the petitioner was loading sand dump to transport the samc for construction of houses by beneficiaries of Indiramma Houses, the responclent No.2 for the offences under Section 303 (2) BNS, Section 3 of pDpp Act, registered FIR I .-I \ ''"qftffi \ - .^".e . ;.' k '!* 2 \ No.175 of 2025 against the petitioner and basing on the said FIR, rcspondents had seized thc subject vehicle and kept the same in the open sky. It is further stateC that respondent authorities without following due procedure AS envisaged in Clause 13(3) of G.O.Ms.No.3 dated 08.01.2015, issued by Indush'ies ancl Cornnrerce (Mines-l) Department, .has kept the subject vehicle in the open sky and had not handed over the custody to the subject vchicle to the competent Court of law. The case of the petitioner is that as per the norms in G.O.Ms.Nos.3 dated 08.01.2015, modified aide G.O.Ms.No.15 dated

79.02.201,5, petitioner requestecl respondent Nos.2 and 3 to release the subjcct vehicle. Hou,cvcr, the subject vchicle has not bccn released. Agglievecl by the same, this n,rit petition is filed.

4. Today whcn the matter has been taken up for hearing, lcarned counscl for the petitioner submits that in similar circumstance this Coult ir-r W.P.No.21381 of 2025 dated 23.07.2025, passed thc following order:- "6. In aieut of the submissiotts nnde by tlrc lenrned munsel nppearing on eitlw side and in tenns of order passed by this Court in W.P,No.8163 o.f 2025 dnted 18.03.2025, this rurit petition is disposed of toitlt n liberty to petitioner to approach respondent No.2 by uny of submitting repre sentatiort along uith aLl original documents in respect of the ounership of the subject aehicle and inform the respondent No.2 that they are ready to comply zoith Rule 12 of the Rules, 2015. On receipt of the said representation, respondent No.2 shall consider and dispose the sarne in terns of RuIe 12 of the Rules, 2015, within n period of (02) zoeeks ftom the date of receipt of petilione r represe n lal ion."

5. Learned counsel for the petitioner further pray this Court to pass similar orders as passed in W.P.No.213B7 of 2025 dated 23.07.2025. ) .-1

6. Learned Assistant Government pleader for Home appearing for respondent No.2 placed on record instructions issued by Sub-Inspector of Police' Chinnakodur porice statiory siddipet Distric! wherein it is stated that Sri.G.Venkataiah, Assistant Sub_Inspector of Chinnakodur p.S. todged a complainant against the petitioner stating that on 'r.g.07.2025 at 12.30 hours, the subject vehicle was found with load of sand committing illegal sand transport Thercafter' panchanama was conducted ancr the petitioner arong with the subiect vehicle was brought to the police station and Cr.No.175 of 2025 under section 303(2) BNS, 3 of pDpp Act was registered. It is further submitted that a letter dated 26.07.2025 has been addressecl to the respondent No.3 and thereafter, respondent No.2 aile inward No.2660 of 2025 dated 05 '08'2025' had fiied form 66 bcfore the principal Jucticiar First Class Magistrate' siddipet (hereinafter referred as Triar Court) and kept the subject vehicle is in safe custody at Chinnakodur police Station.

7. Learned Assistant Government pleader submits that since Form 66 is filed before the Trial Court, the petitioner hacl to file appropriate application before ihe Trial Court for release of vehicle.

8. At this stage, learned counscl for the petitioner seeks liberty to file application before the Triar court and pray this court to direct the respondent authorities to release the subject vehicle in a time bound period.

9. In view of the submissions made by the learned counsel appearing on either side and since the form 66 is filed before the .l.rial Court, this Court I I J 4 deems it appropriate to dispose of the writ petition rvith a liberty to petitioner to approach Trial Court by way of filing application/ representation along with all original documents in respect of the ownership of the subject vehicle and inform the authority that they are ready to cornply with Rule 12 of the Ru1es, 2015 anrl the 'Irial Court shall consider the same and pass ordcr strictlv in accordance with [aw. Thereafter, the petitioner for release of vchicle shall also make a rcpresentation before respondent authorities and on rcceipt of the said representation, respontlent authorities is directed to consider and dispose the same in terlns of Rule 12 of the Rules' 2015'

10. Accordingly, this writ pctition applications, if any pending, shall stand closed No order as to costs rS disposed of. Miscellaneous SD/.AHMED SI ABDULLAH KHAN TANT REGISTRAR //TRUE COPY// SECTION OFFIC ER v The Principal Secretary, Mines and Geology Department' Secretariat guildinqs.'Hvderabad,'State of Telangana' irutiXti;''H;rI" otricei' p.s. chiniakoduru, Siddipet in" iif,.itO"r, Chinnakoduru mandal, Siddipet iiiE nllldi""i'oireCtot rr/|inei Jno trin"rats,'Mines and Minerals Department' Siddioet 6;;'66 to sRtv.yADU KRISHNA SAINATH, Advocqte [oPUC] - iil cc.'I"-GF FOn rrrrrNes AND GEOLOGy, High court for the State of Telanqana, at HYderabad. IOUTI i*J'btl t" cp Fbn noHaE, High court for the state of Telangana' at Hvderabad. [OUT] i'ir;"bttt" cplon REVENUE, High Court for the State of Telangana' at Hyderabad. [OUT] Two CD Copies To

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9. PSK, BS HIGH COURT DATED:0610812025 ORDER WP.No.23175 of 2025 CC TODAY STAI c () t1 []Js tt?5 * L,b: SPA{ -} * DISPOSING OF THE WRIT PETITION WITHOUT COSTS \tr