High Court · 2025

Petition under Article 226 of lhe constitution 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 in the nature of Mandamus, declaring the action of the respondents in seizing the (1)Tractor No' TS 02 BHTR 3059 of the 1st petitioner (2) Trailer No TS 02 UC 8319 of the 2nd petitioner,withoutfollowinganyprocedureunderStatutescontemplatedunder SectiongQsubSectionTofMinorMineralConcessionRulesbelongingtomeas beingillegal,arbitraryandagainsttheprinciplesofnaturaljusticeandviolativeof Articles14,16,19(1Xg),21,300-Aand30lofConstitutionoflndiaand consequently direct the respondents to release the (1) Tractor No Ts 02 BHTR 305gofthelstpetitioner(2)TrailerNo,TS02UCS3lgofthe2nd,petitioner. :F ,7 lA NO: 1 OF 2024 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 vehicles (1) Tractor No. TS BHTR 3059 of the 1st petitioner (2) Trailer No. TS 02 uc 8319 of the 2nd petitioner forthwith pending the disposal of the above WP. Counsel for the Petitioners: SRI T.LAKSHMI NARAYANA Gounsel for the Respondent Nos.1 & 4: Gp FOR MINES AND GEOLOGY Counsel for the Respondent No.2: Gp FOR HOME Counsel for the Respondent No.3: Gp FOR REVENUE The Court made the following: ORDER I 1'. il' i:. i1 !: li. ?r, r! a'; f, I t, ... HON'BLE SRI JUSTICE T. VINOD I(UMAR W.P.No.37175 of 2o24 ORDER: Heard learned counsel for petitioners, learned Government Pleader for Mines & Geologr appearing for respondent Nos'1 & 4' learned Government Pleader for Home appearing for respondent No.2, learned Government Pleader for Revenue appearing for respondent No.3, and with the consent of the counsel appearing for the respective parties, the Writ Petition is taken up for hearing and disposai at admission stage.

2. Shorn of unnecessary details, the case of the petitioners, in brief, is that lst petitioner is the owner of Tractor bearing No'TS 02 BHTR 3059 and 2'd petitioner is the owner of Trolley bearing No TS 02 UC 8319; and that the said Tractor and Trolley was seized by the 2^d respondent on 29 .12.2024, when the same was carrying sand for personal use.

3. Petitioners further contend that the respondents-authorities on seizing the aforesaid Tractor & Trolley have registered a case in Crime No.484 12024; arrd' that despite the petitioners approaching the respondents-authorities and showing their willingness to compound the aforesaid offence, the same has not been accepted by the authorities and did not release the subject vehicle, due to which the vehicle of the petitioners i.e., Tractor & Trolley is 2 exposed to vagaries of the nature causing damage to the vehicle belonging to the petitioners, who are eking out their. liverihood by plying the aforesaid vehicle 4 Per'contra, learned Government pleader appearing on behalf of responrlen ts submits that the authorities on noticing the petltioners usring the aforesaid vehicle without having any valid registratiorL and also rrndertaking iliegal transporta:1on of sand, have seized the vehicle and registered a casc utd.e Crime No.484 I 20.24 cn 29. 1O.2024.

5. Learned Government pleader further submits that on registering the aforesaid crime, the authorities havc creposited the seized vehir:le viz., Tractor and Trolley before the con<;erneci Court i.e., Special Judicial Magistrate of First class (Excise) at Karimnagar, and thus if the petitioners intend to seok release of the vehicie, they have to approach the concerned Courf

6. I have ta<en note of the respective submissions nrade. 7 This Cor-rrt, in similar circumstances in W.p.No.35559 of 2024, whib ,Cisposing of rhe said Writ petition by order dt.18.72.2o24, had granted liberty to the petitioner therein to approach the .jurisdictional Magistrate and to make application seeking for r,:lease of the vehicle. This Court, in the alttresaid writ petition, has als;o granted further libertSr to the petitioner therein to i I r I ! ,l I l ,' i .ti i j ii, ft,, !l il. ill, ;ir 1t' { :i 'i t. 1i i' 1 I I [' 3 / directly approach the 2"d respondent therein for release of the vehicle and the authority was directed to act in accordance with G.O.Ms.No. 15, dt. 19.02.2015.

8. Further, this Court in the aforesaid Writ Petition also directed the transport authorities to verify the registration of the vehicle and the tax validity before releasing the vehicle and also granted liberty to the authorities to impose penalty in case of any violation in that regard. g. Having regard to the order passed by - this Court in w.P.No.35559 of 2024, and in order to maintain parity, this Court is of the view that the petitioners herein are also entitled for being granted similar relief.

10. In view of the above, and for the reasons as stated in W.P.No.35559 of 2024, dt.18.12.2o24, and in terms thereof, this Writ Petition is disposed of. No order as to costs.

11. Registry is directed to append a copy of the order passed in W.P,No.35559 of 2024, dt.lA.l2.2024, to this order'

12. Consequently, miscellaneous petitions, if any, pending in these writ petitions sha1l stand closed //TRUE COPY'/ -- SD/- K.SREERAMA MURTHY ASStsrANr RE?,/RAR \ SECTION OFFICER To Buildinos. Hvderabad, State of Telangana. '1. The Principal Secretary, Mines and Geology Department, Secretariat z i[J-si5ti"i.'nori" om""r, Manakondur P.S, Manakondur mandal, a. rtre iirriitaai, Manakondur mandal, Karimnagar District' +. iii" ni.t.iini'oirector of Mines and Geology,-Karimnagar at Karimnagar Karimnagar District. District. ad/ I ,,., \

5. One CC to SRI T.LAKSHM|_NAE4YANA, Advocate tOpUCI 6. Two CCs to GP FOR MTNES AND GEOLOGy, Hiqh'Court fbr the State of _ Telan-gana, at Hyderabad. [OUT] 7. Two CCs to cp FOR HOME, High Court for the State of Telangana, at B. Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at 9. Two CD Copies Hyderabad. [OUf] Hyderabad. [OUT] (fl^ong with a copy of the order dated 18.12.2024 in Wp.No.3S559 of 2024l- PSK. PSK. HIGH COURT DATED:0210112025 ORDER WP.No.37175 of 2024 CC TODAY t I -ih: i.f -,4 $ok a|- J o (_) 0 2 i A l( 2[25 ,* \._,. $ l) .t t .,,,1' DISPOSING OF THE WRIT PETITION WITHOUT COSTS w>4 THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA WRIT PETITI ON No.35559 of2024 Mr. Madas BharatJl Chandra, learned counsel for the petition€r. Mr. K.Gouthain Reddy, the leamed Assistant Govemment Pleader for Mihbs appearing for the respondent Nos.1 and 4. Mr. M.Srinivas, learned Assistalt Government Pleader for Home appearing for the respondent No.2. Ms. T.Swetcha, learned counsel representing the learned Government Pleader for Revenue appearing for the respondent No.3. ORDER: Learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader for Mines submit that the writ petition may be disposed of in terms of the orders passed by the Co-ordinate Benches in similar factual circumstances.

2. The first order placed before the Court was passed on

24.O3.2O21 in W.P.No.7253 of 2O2l and the second order was passed on 73.O3.2O2O in W.P.No.571l of 2O2O. Th,e petitioner also relies on a third order dated 26.O2.2O2O in W.P'No'4086 of 2O2O. A11 the 3 orders involved the prayer for release of the vehicles by the respondent No.2. The Co-ordinate Benches directed the petitioners therein to approach the jurisdictional Magistrate for filing appropriate applications for release of the vehicles and rely on G.O.Ms.No. 15, Industries ald Commerce *.'.i: 1;. .,1 t 2 (Mines-I) Department, dated 79.02.2015 for that purpose. The petitioners therein were also given liberty to make applications before the respondent No.2 therein for release of the vehicles and the respondent No.2 was at liberty to pass appropriate orders on the filing of such applications in terms of the said G.O.

3. The learned Assistant Government pleader for Mines submits that the petitioner may also be called upon to pay the stipulated pena1.t5r as per Clause 12(2) of G.d.Ms.wo. t,;. dated 19.o2.2015.

4. Considering the submissions made, this Court deems it frt to direct the petitioner to pay the required penalt5i before approaching the: jurisdictional Magistrate or the respondent No.2.

5. W.P.No.35ti59 of 2024 is accordingly disposed of giving liberty to the petitioner to approach the jurisdictional Magistrate and to make ar:r application for release of the vehicle. The petitioner shall also be at liberty to directly approach the respondent No.2 for release of the vehicles. The Au thority concemed shall act in accordalce with G,O.Ms.No. 15. dated 19.02.2015. t he Authority concerned shall dispose of the application Iiled 1-.y the petitioner within a week from the date of 3 such application being Iiled for release of the vehicle. The petitioner shall also deposit the required penalty before Assistalt Director of Mines and Geolory concerned, wi 7 days from 20.12.2024.

6. Since the Tax validity of the said vehicle has expired long back, the transport authorities shall veriSu this issue before release of the vehicle. The transport authorities shall also veriS the Registration number of the vehicle in question ald be at liberty to impose the penalty if there is anjr violation in this regard. 7 . As submitted by the learned Assistalt Government Pleader for Mines and Geolory, petitioners in similar cases shall make the Assistant Director of Mines and Geolory concerned as a party to such leave applications.

8. Miscellaneous Applications, if any, pending in this writ petition stand closed. There shall be no order as to costs. MOUSHUMI BTIAT'TACHARYA, J Date:18.12.2024 Note: Issue C.C. today (B/o) vsu