Pallam Malla Reddy, v. The State Of Telangana,
HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.1350 of 2019 ORDER:
This writ petition is filed under Article 226 of the Constitution of India with the following relief:
" .....to issue any appropriate writ, order or direction, more particularly one in the nature of writ of mandamus declaring the action of the respondents in seizing the Tractor bearing Registration No.TS-23A-0324 and Trailer bearing Registration No.TS-02UA-6129, for agricultural purpose, belonging to the petitioner, as illegal and arbitrary and pass such other order or orders."
2.
Heard both sides and perused the prayer in the writ petition with supporting affidavit and G.O.Ms.No.15 dated 19.02.2015 of Industries and Commerce (Mines-I) Department. 3.
From a perusal of the said G.O., particularly para-12 clauses
(3) and (4), it is crystal clear that if the vehicle/machinery is found involved in illegal extraction and transportation of sand, in contravention of the Rules, for more than two times, such vehicle/machinery along with sand shall be seized and confiscated by the Officers authorized under the Rules, as mentioned in clause (3) and the procedure contemplated in clause (4). 4.
Having regard to the above, this Writ Petition is disposed of, directing the respondents to follow the procedure contemplated in G.O.Ms.No.15 dated 19.02.2015, if the petitioner chooses to abide by. No order as to costs.
5.
Consequently, miscellaneous petitions, if any pending in this writ petition, shall stand closed.
_________________________ CHALLA KODANDA RAM, J 25th January, 2019 sj