The High Court · 2025
Case Details
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Petition under Arlicle 226 of the Constitution of lndia praying that in the circumsiances 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 Lorry bearing no. MH 34 BZ 3111 without following any procedure under statutes contemplated under Section 9Q sub Section 7 of [\/inor l/lineral Concession Rules belonging to the petitioners as being illegal, arbitrary and against the principles of natural justice and violative of Articles 14, 16, 19 (t )(g), 2t, 300-4 and 301 of Constitution of lndia and consequently direct the respondents to release the Lorry bearing no. MH 34 BZ 3111 seized in connection with FIR No. 557 of 2025, dated.2o.10.2O25 forthwith. w ,/ tA No:1 oF 2o2s Petition under Section 151 CPC praying that in the cirr; mstances stated in the affidavit filed in support of the petition, the High Court ma,, r: pleased to direct the respondents to release the Lorry bearing no. l\,4 H 34 )Z 311 1 seized in connection with FIR No. 557 of 2025. dated.20.10.2025. to tl r oetitioner forlhwith pending the disposal of the above Writ Petition. Counsel for the Petitioner: SRI RAMULU PASUPULA Counsel for the Respondent Nos.1 & 4: AGP FOR MINES A\ ) GEOLOGY Counsel for the 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.32592 of 2025 ORDER Heard learned counsel for thc petitronc'r ancl learned Assistant Government Pleader for Mincs and Geolog5' appcaring on behalf of respondent Nos. L anrl 1; lcarned Assistant Government Pleader for Home appearing for rcsponclent No.2 and learned Assistant Go\rernment Pleaclcr for Revenue appearing for respondent No.3. With their consent, this u,rit petition is being taken up for disposarl at tl'rc adrnission stage itself
2. This writ petition has becn filed seeking the fbllowing prayer:- ". . .declartng the action of Lhe respondents in seizing the Lorry beaing No.MH 34 BZ 3111 without follouing ang procedure under slalufes contemplated under Section 9Q sub Section 7 of Minor MineraL Concesston Rules belonging to the petitioners as being illegal, arbitrary and against the principles of natural justice and uiolcttiue of Arlicles 14, 16, 19(1)(g), 21, 300A and 301 of Constitution of India and consequentlg direct the respondents to release the Lorry beaing No.MH 34 BZ 3111 seized in connection r.uith FIR No.557 of 2O25 dated 2O 10 2025 forthuith."
3. Tl-re facts of the case in brief as statcd are that petitioner claims to be owner of the lorry bearing No.MH 34 BZ 31 11 which is being used for commercial purpose. lt is submittecl that when the said vehicle was earrying sand for personal use, near Mavala 2 Mandal, Aclilabad District at 11.0O hrs., r:;rondent No.2 checked thc r.ehiclc ancl scized the same and 1. t 1- t in tl-rc office premises of respondent No.2. It is submitterl 'ritt vchicle is running u ith all rcquircd permissions. [t is fu.r t rr statctl that respondent eruthorities ri itl-rout following dtLt pr-oce dur-e AS envisaged in Clattse 13(3) of G.O.Ms.No.3 cir,r rl O8.01 .20 I 5, issr-rcd bv Industrics and Commerce (Mines-l) tr 1>artmcnt. harl not handed over the custody of the subject i'ch icle to thc competent Court o[ Iaw. The main grievancc C)1 I ). Petltiorler IS that thougl-r thc pe titioner requested responder t No.2 st'r'eral times to rcleilse thc subject vehicle, the sanr,' lzts Ilot beetr released. Aggrieved by the same, this writ petitior :; liled
4. Learnecl Assistant Covernment Pleader for t r,ttre placccl orl record instructions issued by Inspector of Polir',. Masab Tank Police Station, Hyderabad and would submit t- rt the subjcct vchiclc is illegalll' transporting sand with ) tt an-\' valid permissions and a case was registered in Cr.No.5 1 -,' 12025 ttnder SecLion 303(2) BNS, Section 2l(ll of MMDR Act rr rrl Section 3 of PDPP Act on the file of Mavala Police Station, Arl lrrbad District It is furthcr submitted that the lorry has beer-r lu ly deposited before the Judicial First Class Magistrate C; rrt ulde CF R No.4178 and the petitioner may seek release 6f ' , lticle from the said Court J g At this stage, learned counsel for the petitioner pray this Court to grant liberty to the petitroner to file appropriate application before the trial Court for release of veh icle.
6. In that vieu, of the matter, this ri'rit petitior-r is disposed of granting [berty to petrtioner to seel< appropriate remedy AS available under larv before the trial court. 4 With the above observation, this r'i'rit petition is disposed of. Miscellaneous applications, if an-r' pending, shali stand closed. No order as to costs. //TRUE COPY' SD/. A. JAYASREE ASSISTANT REGISTRAR 6 SECTION OFFICER Il9 Pll, Secretary, Mines and Geology Department, Secretariat Buildings, Hyderabad, State of Telanqana. The Statiorr House Officer,-lMavala police Station, Adilabad District. I he Iahsildar, Mavala lvlandal, Adilabad District. The Assistant Director of Mlnes and Geology, Adilabad District. One CC to SRI RAMULU PASUPULA, Adv"ocate tOpUCt Two CCs to GP FOR MINES AND GEOLOGY, Hiqh CoLirt for the State of Telan-gana, at Hyderabad. [OUT] Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hvderabad. IOUTI Tilyo CCs to Cp f6R REVENUE, High Cou( for the State of Telangana, at Hyderabad. [OUT] Two CD Copies To 1 2 3 4 5 6 7 8 I PSK. PVL q*. HIGH COURT DATED:2811012025 I ORDER WP.No.32592 of 2025 I r ,E 5,'4 o O 1 ..- *'''.'-.l' '-n-.a. 2() ! $ t DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,O> R 6P cr\c^
Petition under Arlicle 226 of the Constitution of lndia praying that in the circumsiances 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 Lorry bearing no. MH 34 BZ 3111 without following any procedure under statutes contemplated under Section 9Q sub Section 7 of [\/inor l/lineral Concession Rules belonging to the petitioners as being illegal, arbitrary and against the principles of natural justice and violative of Articles 14, 16, 19 (t )(g), 2t, 300-4 and 301 of Constitution of lndia and consequently direct the respondents to release the Lorry bearing no. MH 34 BZ 3111 seized in connection with FIR No. 557 of 2025, dated.2o.10.2O25 forthwith. w ,/ tA No:1 oF 2o2s Petition under Section 151 CPC praying that in the cirr; mstances stated in the affidavit filed in support of the petition, the High Court ma,, r: pleased to direct the respondents to release the Lorry bearing no. l\,4 H 34 )Z 311 1 seized in connection with FIR No. 557 of 2025. dated.20.10.2025. to tl r oetitioner forlhwith pending the disposal of the above Writ Petition. Counsel for the Petitioner: SRI RAMULU PASUPULA Counsel for the Respondent Nos.1 & 4: AGP FOR MINES A\ ) GEOLOGY Counsel for the 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.32592 of 2025 ORDER Heard learned counsel for thc petitronc'r ancl learned Assistant Government Pleader for Mincs and Geolog5' appcaring on behalf of respondent Nos. L anrl 1; lcarned Assistant Government Pleader for Home appearing for rcsponclent No.2 and learned Assistant Go\rernment Pleaclcr for Revenue appearing for respondent No.3. With their consent, this u,rit petition is being taken up for disposarl at tl'rc adrnission stage itself
2. This writ petition has becn filed seeking the fbllowing prayer:- ". . .declartng the action of Lhe respondents in seizing the Lorry beaing No.MH 34 BZ 3111 without follouing ang procedure under slalufes contemplated under Section 9Q sub Section 7 of Minor MineraL Concesston Rules belonging to the petitioners as being illegal, arbitrary and against the principles of natural justice and uiolcttiue of Arlicles 14, 16, 19(1)(g), 21, 300A and 301 of Constitution of India and consequentlg direct the respondents to release the Lorry beaing No.MH 34 BZ 3111 seized in connection r.uith FIR No.557 of 2O25 dated 2O 10 2025 forthuith."
3. Tl-re facts of the case in brief as statcd are that petitioner claims to be owner of the lorry bearing No.MH 34 BZ 31 11 which is being used for commercial purpose. lt is submittecl that when the said vehicle was earrying sand for personal use, near Mavala 2 Mandal, Aclilabad District at 11.0O hrs., r:;rondent No.2 checked thc r.ehiclc ancl scized the same and 1. t 1- t in tl-rc office premises of respondent No.2. It is submitterl 'ritt vchicle is running u ith all rcquircd permissions. [t is fu.r t rr statctl that respondent eruthorities ri itl-rout following dtLt pr-oce dur-e AS envisaged in Clattse 13(3) of G.O.Ms.No.3 cir,r rl O8.01 .20 I 5, issr-rcd bv Industrics and Commerce (Mines-l) tr 1>artmcnt. harl not handed over the custody of the subject i'ch icle to thc competent Court o[ Iaw. The main grievancc C)1 I ). Petltiorler IS that thougl-r thc pe titioner requested responder t No.2 st'r'eral times to rcleilse thc subject vehicle, the sanr,' lzts Ilot beetr released. Aggrieved by the same, this writ petitior :; liled
4. Learnecl Assistant Covernment Pleader for t r,ttre placccl orl record instructions issued by Inspector of Polir',. Masab Tank Police Station, Hyderabad and would submit t- rt the subjcct vchiclc is illegalll' transporting sand with ) tt an-\' valid permissions and a case was registered in Cr.No.5 1 -,' 12025 ttnder SecLion 303(2) BNS, Section 2l(ll of MMDR Act rr rrl Section 3 of PDPP Act on the file of Mavala Police Station, Arl lrrbad District It is furthcr submitted that the lorry has beer-r lu ly deposited before the Judicial First Class Magistrate C; rrt ulde CF R No.4178 and the petitioner may seek release 6f ' , lticle from the said Court J g At this stage, learned counsel for the petitioner pray this Court to grant liberty to the petitroner to file appropriate application before the trial Court for release of veh icle.
6. In that vieu, of the matter, this ri'rit petitior-r is disposed of granting [berty to petrtioner to seel< appropriate remedy AS available under larv before the trial court. 4 With the above observation, this r'i'rit petition is disposed of. Miscellaneous applications, if an-r' pending, shali stand closed. No order as to costs. //TRUE COPY' SD/. A. JAYASREE ASSISTANT REGISTRAR 6 SECTION OFFICER Il9 Pll, Secretary, Mines and Geology Department, Secretariat Buildings, Hyderabad, State of Telanqana. The Statiorr House Officer,-lMavala police Station, Adilabad District. I he Iahsildar, Mavala lvlandal, Adilabad District. The Assistant Director of Mlnes and Geology, Adilabad District. One CC to SRI RAMULU PASUPULA, Adv"ocate tOpUCt Two CCs to GP FOR MINES AND GEOLOGY, Hiqh CoLirt for the State of Telan-gana, at Hyderabad. [OUT] Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hvderabad. IOUTI Tilyo CCs to Cp f6R REVENUE, High Cou( for the State of Telangana, at Hyderabad. [OUT] Two CD Copies To 1 2 3 4 5 6 7 8 I PSK. PVL q*. HIGH COURT DATED:2811012025 I ORDER WP.No.32592 of 2025 I r ,E 5,'4 o O 1 ..- *'''.'-.l' '-n-.a. 2() ! $ t DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,O> R 6P cr\c^