1. Mirza Mazher Baig v. 1. The State of Telangana
Case Details
Acts & Sections
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 a Writ or order more particularly a Writ of lrlandamus directing the Respondent No.3 to release the vehicles with registration No. TS 16 UC 8303 (Petitioner No.1) and TS 16 UA'1 106 (Petitioner No.2) to the petilioners respectively in the interest of justice. l.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the clrc tmstances stated in the affidavit filed in support of the petition, the High Cotirt may be pleased to direct the release of vehicle s with registration No. TS i 6 JC 8303 (petitioner No.'l ) and TS 16 UA 1'106 (Petitioner No.2) to the potil oners respectively, pending disposal of this writ petition. Counsel for the Petitioners : SRI M.V.V.BASWA RAJ Counsel for the Respondent Nos.1 to 3 : AGP FOR HOME Counsel for the Respondent No.4 : AGP FOR REVENUE Counsel for the Respondent No.5. : - Counsel for the lmplead Respondent No.6 : G.P FOR MlNEtj AND GEOLOGY The Court made the following ORDER THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR IV.P. No.34458 of 2025 ORDER: Heard the learned counsel for the parties and with their consent this writ petition is disposed of at the threshold. 2' This writ petition is filed seeking direction to the respondent No.3, Station House Ofhcer, p.S. Varni, Nizamabad District, to reiease thc vehicles with registration No.Ap 16 UC g3O3 (petitioner No.1) and TS 16 UA 1 106 (petitioner No.2) to the petitioners respectively. 3- The rearncd counsel for the petitioners would submit that the petitioners are the owners of the subject vehicles that were seized in FIR No. 161 ot 2O2S dated, 28.02.2025 under Section 303 (2) BNS, 2l MMDARD, 3 pDppA based on a complaint lodged by the respondent No.4 for transporting sancl illegally and the custody of the subject vehicles were given to the respondent No.3. It is further submitted that the subject vehicles were given on hire to Syed Ahmed and Shaik Ayub @ Tippu for contract works but they were illegally transporting sand through their drivers and that the owners of the vehicles have no knowledge about the illegal transport of sand. Further, the petitioners/ owners of the vehicles were neither informed nor put on notice about the seizure of the subject vehicles by the respondents. Hence, prayed to direct the respondent No.3 to release the subject vehicies and the petitioners are ready to furnish the securiqy for releersing thc subject vehiclcs. I 7 t-E \
4. The learnecl Assistant Government Pleader al> respondents would submit that based on a compiair by the respondent No 4 u"ith regard to illegal trans[( without pe rmission and documents for transpo : a crime was regislered in Crime No 161 of 2025 undt'r BNS,21 MMDARD, 3 PDPPA and after investigation ' law Later' thc Inl t were seized in accordance .with deposited as pcr Form-60 UJtot" rhe I Additional Disr'r Court at Nizama.bad vide CFR No 2192 of 2025 dt However, alter linalization of investigation' an appr'r be filed before thc compeletlt Courl' rearing for the t/report iodged rtation of sand ing the sand, Section 303 (2) subject vehicles stigating Ofhcer .ct and Sessions Led 20.11.2025. rriate rePort will
5. Aiong u'ith propertY seizcd before this Court € copy of list of a copy of lvritten instructrons and deposited in the trial Court lurnished to the and a copl ol the same is alsc for the petitioners, who would ;ubmit that the ras been Placed learned counscl petitioner would Pursue the matter Lrefore the concer red Court In that vie q' of the matLe r, since the matter 1s I 6. I Additionai District and Sessions Court' Nizamabe are granted liber$ to make an appropriate applicaL original documents in respect of Lhe ownership of th trefore the concerned Court and pursue the mrr application is maclc by the petitioners and I the I Additional District and Sessions Court' Nize ending before the 1, the Petitioners :n, along with all : subject vehicles, ter. If such an it is in order, mabad / concerned I J Court shall consider the same and pass appropriate orders in accordance with law, as expedil-iously as possible from the date of receipt of a coPY of this order' 7 Accordingly, this writ petition is disposed of' There shall be no order as [o costs Asa seque l, miscellaneous applications' if any pending' shall stand closed. //TRUE COPY// S D/-A.V.S. PRASAD DEPUTY REGIS SECTION OFFICER I To c ecretariat, State of Telangana at Hyderabad
1. The Principal Secretary' Home Department' Telan 2. The SUP erintendent o{ Police, Nizamabad District 3. The Stat ion House Officer, PS Varni, Vami, Nizamabad District 4. The Mandal Revenue Officer, Varni Mandal, Nizamabad District 5. The Assistant Director' Mines and Geology DePartment 6. Two CCs to GP FOR H OME, High Court for the State of Telangana at ? r;;";;;i" E.F Fon N/INES AND GEoLOGY, Hisn court ror the state 8 i;;"cxi; cF-FOA REVENUE, Hish court for the srate of relansana at s ij;;"bCi; dnt Nlr v v answA RAJ' Advocate [oPUC] 10. Two CD CoPies of Telanoana. [OUT] Hvderabad. [OUT] Hvderabad. [OUT] SA LS HIGH COURT DATED:2511112025 \ I I' t:i ?fli a I a.I -+,. ,,:,, t/ i! \, \ t\ '\ ORDER WP.No.34458 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. 4\