High Court · 2025

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO: 33455 0F 2025 Between: 1 Chinthala Anil Kumar, Sfo. Chinthala parusharamulu, Age_ 31 years, Occ_ owner of Vehicte No. TS 0B UJ 1109 and TS 08 UJ .l ira, nyd. H 23110, Gundlapally Viltage, Bejjanki Mandat, Karimnagar District. Kondugari Tirupathi Reddy, S/o.-K. -Dharma Reddy, Age_ 45 years. Occ_ Owner of Vehicle No. TS 0-B t/l-t 2359, R/o. H. r'fo.-ilZS,"eorirJp"t Vilrld6, Shamirpet Mandal, Ranga Reddy Distribt. -iVo A_ ...PETITIONERS 1 The,State of Telangana, represented by its principal Secretary, Mines and ueotogy Department. Secretariat Buildings, Hydeiabad. The Station House Officer, Siddipet llTown police Station, Siddipet proper and District. The Tahsildar, Siddipet Mandal, Siddipet proper and District. ...RESPONDENTS Petition under Article 226 of the constitutircn 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 particularly one in the nature of Mandamus, declaring the action of the respondent No. 2 in seizing the petitioner No. 1s vehicles bearing No. TS 08 uJ 1 109 and rs 08 UJ 1 1 8 and the petitioner No. 2s vehicle bearing No. TS 08 uH 2359 in crime No. 270 of 2oz5 of P.S, Siddipet ll rown, Siddipet District, along with sand, without folrowing any procedure under statutes contemplated under rule g e sub rule 7 of Minor Mineral concession Rules as being illegal, arbitrary and against the principles of natural justice and violative of Articles '14, 19 (1) (g) and 21 of constitution of lndia. consequently direct the respondents to release vehicles bearing No. TS 0g .l UJ 1 109 and TS 08 UJ 1 '1 '18 tn favour of the petitioner No. and ,rehicle bearing No. TS 08 UH 2359 in favour of the petitioner No. 2 immedirl 3ly along with sand. lA NO: 1 OF 2025 Petition undor Sectron 151 CPC praying that in the c r ;umstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents authorities to release the vehicles bt aring No. TS 08 UJ 1109 and TS 08 UJ 'l '1 18 in favour of the petitioner No. 1 arrr vehic;le bearing No. TS 08 UH 2359 in favour of the petitioner No. 2 seized, alc r 1 with sand in crime No. 270 o'f 2025 of P.S. Siddipet ll Town, Siddipet District. Counsel for the Petitioner : SRI K.VENUMADHAV Counsel for the Respondent No.'t:SRl K.SHANTAN RAO, AGP FC R MINES&GEOLOGY Counsel for the Respondent No.2 : AGP FOR HOME Counsel forthe Respondents: SRI H.RAKESH KUMAR, AGP FOR REVENUE The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.33455 of 2025 ORDER Heard learned counsel for the petitioner and Mr.K.Shantan Rao, learned Assistant Government Pleader for Mines and Geologr appearing for respondent No.1; learned Assistant Government for Home appearing for respondent No.2 ald Mr.H.Rakesh Kumar, learned Assistant Government Pleader lor Revenue appearing for respondent No.3. With thcir consent, this writ petition is being taken up for disposal at the admission stage itself.

2. This u'rit petition rs hled seeking following prayer:- "...declaring the ctction of the respondent No.2 in seizing the petitioner No.7's uehicles bearing No.TS OB UJ 1109 and TS OB UJ 1118 and the petitioner No.2's uehicle beaing No.TS 0B UH 2359 in Cime No.27O of 2025 of PS Siddipet II Tou-,n, Siddipet Distict along u.tith sand without follouing anA procedure under statutes contemplatcd under rule 9(Q, Sub rule 7 of Minor Mineral Concession Rules as being illegal, arbitrary and againsl the pinciples of natural justice and uiolatiue of Artictes 1a, 19(1)(9) and 21 of Constitution of India Consequently direct the respondenls to release uehicles beaing 1Vo. TS OB UJ 1109 ctnd 7-S 08 UJ 1l1B in fauour of the petitioner No.l and uehicle bearing No.?'S OB UH 2359 in fauour of the petitioner No.2 immediately alongq with sand."

3. The facts of the case in brief as statcd ,r e thzrt petitioner Nos.1 and 2 claims to be or.r,ners of seized vehi:..rs bearing No.TS 08 UJ 1109 and TS 0B UJ l11g owned by p:rrioner No.l and vehicle bearrng No.TS 0B UH 2359 ovrned by p,:r itioner No.2. The said vehiclesi \.{,-ere Llsed for transporling sand zrr d the same were purchased on hypothecation. It is submitted rhiLt on 2g.ro.2o2s when the sard vehicies were transporting sand .r th valid permits, respondent No.2 Police had seized the said veh r:les r,vithout any power or authority and the velricles were kept n the custody of respondent No.2 and are not releasing the sarrc despite showing the valid permits. It is further submitted that the respondent authorities without following due procedure rs envisaged in Clause 13(3) of G.O.Ms.No.3 dated Og.0l.2 )15, issued by Industries a,d Commerce (Mines I) Department, have not handed over the custod_v of the subject vehicle to the c,).npetent Court of law. The m;rin grievance of the petitioner is hat though the petitioner requested respondent No.2 several ti.r r:s to release the subjcct vehi<:le. the same has not been released. .,\ggrieved by the same, this u,rit petition is filed.

4. Today u,hen the matter has been takcrr up for hearing, learned counsel for the petitioner submits rh^t in similar -l circumstance this Court in W.P.No.2138 1 of 2025 dated

23.O7.2025, passed the following order:- "6. In uieuL of the submissions made bg the Learned counsel appeaing on either side and in terms of order passed bg this Court in W.P.No.B163 of 2025 dated 18.03.2025, this utrit petition is disposed of utith a libertg to petttioner to approach respondent No.2 bg wag of submitting representation along uith all oiginal documents in respect of the ou.tnership of the subject uehicle and inform the respondent No.2 that theg are ready to complg with 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, 2O15, u.tithin a period of (02) u.teeks from the date of receipt of petitioner repr.esentation. "

5. Learned counsel for the petitioner further pray this Court to pass simrlar orders as passed in W.P.No.21381 of 2025 dated

23.07 .2025 and also prays to release the vehicles along with

6. Learned Assistant Government Pleader for Home submits that appropriate orders be passed to that effect and to the extent of sand, which is being transported in the said vehicles, if the sand ',vas trarlsported with valid permission, respondent authorities would consider the same and take appropriate action. .1

7. In vieu. of the submissions made by th: learned counsel appearing on either side this writ petition is dir;1 ,ost:d of granting liberty to petitioner to approach respondent \o.2 by way of submitting representation along r.r,ith ail origir rl documents in respect of the ownership of the subject vehick: itncl may inform respondent No.2 that they are ready to compl; with Rule 12 of the Rules, 2O 15. On receipt ol the sairl rcpresentation, respondent No.2 shall consider and dispose the .ame in terms of Rule 12 of the Rules, 2015, within a period oi. 02) rveeks from the date of receipt of petitioner,s representatlorl i.rn d if the sand in the said r.ehicles is transported with .valid pr r-mission(s), the respondent authorities shall tal<c appropriate s,t.ps rl1 releasing the vehicle along rvith sand. Miscellaneous applications, if anv pendir q, shall stand closed. No order as to costs. //TRUE COPY// SD/. F.BHAVANI SWAMY ASStsrANr fftsrnae SECTIdl(OFFICER To,

1. The Principal Secretary, Mines and Geology Department' Secretariat Buildings, State of Telangana' Hyderabad.

2. The Station House officer, Siddipet ll Town Police Statirrr Siddipet Proper and District.

3. The Tahsildar, Siddipet Mandal' Siddipet Proper and Di:;t 'ct 4. One CC to SRI K.VENU[\,1ADHAV, Advocate. IOPUC] 5.TwoCCstoGPFORMlNESANDGEOLOGY,HighCoutfortheStateof Telangana. [OUT]

6. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUT]

7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT] B. Two CD Copies. BSK 4N, HIGH COURT DATED:0411112025 \ CC TODAY rr: jl,l 1(\ '.)\ I 0 E ,JZfri ' -ir 'i"=v ..\ l:-. \_< . I. .: l .')_ ):l -- l\ L. i /, :l ORDER WP.No.33455 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS O" \ L