High Court · 2025

Petition under Article 226 o'f the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate writ, order or direction more particularly one in the nature of Mandamus, declaring the action of the respondents in seizing Vehicle No. TS 34 TA 9909 (Goods Carriage) of the petitioner without following any procedure under statutes contemplated under Section 9Q Sub Section 7 of Minor Mineral Concession Rules a6 being illegal, arbitrary and against the principles of natural justice and violative of Articles 14, 16, 19 (1) (g), 2t, 300-4 and 301 of Constitution of lndia and consequently direct the respondents to release the Vehicle No. TS 34 TA 9909 (Goods Carriage) of the petitioner forthwith. .7 lA NO: 1 OF 2025 Petition under section 15'1 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 petitioner's Vehicle No. TS 34 TA 9909 (Goods carriage) forthwith pending the disposal of the above writ Petition. Counsel for the Petitioner: SRI V.BRAHMAIAH CHOWDARY Counsel forthe Respondent No.1 & 4: SRI K.GAUTHAM REDDY' AGP FOR MINES & GEOLOGY Counsel forthe Respondent No.2: AGP FOR HOME Counsel for the Respondent No.3: AGP FOR REVENUE The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No. 24329 of2O25 ORDER: Heard learned counsel for the petitioner and Mr:K.Gautham Reddy, learned Assistant Government pleader for Mines and Geologr appearing for respondent Nos. I and 4 and Mr.M.Srinivas, learned Assistant Government for Home appearing for respondent No.2 ald learned Assistant Government Pleader for Revenue appearing for respondent No.3. With their consent, this writ petition is being taken up for disposal at the admission stage itself. 2 This writ petition is liled seeking following prayer:_ "declaing tLe action of the respondents in seizing Vehicle No.TS 34 TA 9909 Good.s Carrtage of the petitioner uithout follotuing any proced.ure und.er statutes contemplated under Section 9e Sub Section 7 of Minor Mineral Concession Rules as being illegal, arbitrary and against the pinciples of natural justice and uiolatiue of Arttctes 14, 16, 19(1)(g), 21, 3OOA and 3O1 of Constitutt.on of India and consequently direct the respondents to release the [/elticle No.TS 34-TA-99O9 Good.s Carriage of the petitioner forthutith."

3. Brief facts stated in this 'rvrit petition are that the petitioner purchased Goods Carriage vehicle bcaring No.TS_34_TA_9909 for commercial use. On IO.O7.2O2S, when the petitionervi.as loading 2 sand dump for personal use, respondent No.2, for the offences under Section 303 (2) BNS, Section 3 of FDPP Act, registered FiR No.256 oi 2O25 against the petitioner and besing on the sajd FIR, respondents had seized thc subject vehicle. It is further stated that respondent authorities rvithout follow:ng due procedure as envisaged in Clause 13(3) of G.O.Ms.No.3 dated 08.01.20 15, issued by Industries and Ccmrrrerce (l\{ines-I) Department, had not handed over the custody of the subject vehicle to the competent Court of law. Thc case of the petr.tioner is that as pcr the norms in G.O.N{s.Nos.3 dated 08.01.2O15. rnodlfied uide G.O.Ms.No. 15 dated 19.O2.2015, petitioner rcquestcd responcient Nos.2 and 3 to release the subject vehicle. Flowever, the sub.ject vehicle has not been release.j. Aggrieved by the same, this w,rit petition is fileC 4 . Today rvhen the matter has been tal:en up for hearing, learned courrsel for the petitioner submits that in similar circumstance this Court in W.P.No.21381 cf 2025 dated

23.O7.2025, passed the following order:- "6. In uieu.t of the submis.sions made bg tlrc Learned counsel appeaing on either side and in tenns of order passed bg this Court in W.P.No.8163 of 2025 dated 18.03.2025, tltis tuit petition is disposed of utith a libertg to petitioner to approach respondent No.2 bg utag of submitting representation aiong u.tith oLl original documents in respect of the owrtership of the \ 3 subject uehicle and infonn the respondent No.2 that theg are readg to complg tuith Rule 12 of the Rules, 2015. On receipt of the said representation, respondent No.2 shall consider and dispose the same in terms of Rule 12 of the Rules, 2015, within a peiod of (02) raeeks from the date of receipt of petitioner representation."

5. Learned counsel for the petitioner further pray this Court to pass similar orders as passed in W.P.No.2138 I of 2025 dated

23.07.2025.

6. Learned Assistant Government Pleader for Home appearing for respondent No.2 on instructions issued by Sub-lnspector of Police, Vikarabad Police Station, Vikarabad District, would submit that the subject vehicle was found with load of sald committing illegal sard transport. ThereaJter, Pancharrama was conducted and the petitioner along with the subject vehicle was brought to the police station and Cr.No.256 of 2025 under Section 303(2) BNS, 3 of PDPP Act was registered. It is further submitted that petitioner's vehicle was seized and deposited before Judicial First Class Magistrate, Vikarabad Dsitrict, Vikarabad through Form-66 dated 18.08.2025 7 . Learned Assistant Government Pleader submits that since Form 66 is filed before the Tria-l Court, the petitioner had to hle 4 appropriate application before the Triat Ccurt for release ol vehicle B. At this stage, learned counsel for the petitioner secks liberty to fiie application before the Trial Court and pray this Court to direct the respondent authorities to release the subject veiricle in a tir-ne bound peiod. .:9: h-r,.view of the submissions rnade by the learned counsel , appearing on cither side ald since the forrn 66 is filed before the .t Trial Court, this Court deems it appropriatc to dispose of the writ petition with a liberty to p-etitioner to approach Trial Court by rvay of filing application/representation along with all original documents in respect of the orvncrship of the subject vchicle and inform the authority that they are ready to comply with Rule 12 of tlre Rules , 2Ol5 and the Trial Court shall consirier the same and pass order strictly in accordance rvith law. 'l.hereaJter, the petitioner for release of vehicle may also make a representation before respondent authorities and on receipt of the saicl representation, respondent authoritics is directed to consider and dispose the same in terms of Rule 12 of tr,e Rules, 20 1S. ) E 10 Accordingly, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed' No order as to CoStS. //TRUE COPY// SD/-K. SREE RAM A MURTHY EGISTRAR DEPU SE OFFICER To,

1. The Prl Secretary, Mines and Geology Department' Secretariat' Hyderabad' State of Telangana The Station House Officer, Vikarabad PS' Vikarabad District' The Tahsildar, Vikarabad Mandal' Vikarabad District' The Assistant Director of Mines and Geology' Vikarabad District' One CC to SRI V'BRAHMAIAH CHOWDARY' Advocate [OPUC] Two CCs to GP FOR MINES AND GEOLOGY' High Court for the State of i"fingJn, at Hyderabad [OUTI Two CCs to GP FOR HOME' High Court for the State of Telangana at Two CCs to GP FOR REVENUE' High Court for the State of Telangana at Hyderabad [OUT]

2. J, 4 5 t) 7 o Hyderabad [OUTI

9. Two CD CoPies BSR BS Qr HIGH COURT DATED:1910812025 ORDER WP.No.24329 of 2025 iiY I,T Ji o'F

2. (, 11 \$ rfs6 * x DES?Ai DISPOSING OF THE WRIT PETITION, WITHOUT COSTS (s Aq /) 6