Musapet Balamani, v. The State Of Telangana,

HON'BLE SRI JUSTICE Dr. B. SIVA SANKARA RAO WRIT PETITION No.1951 of 2018 ORDER:

This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief: " .....to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the seizure of the Petitioner's Tractor & Trailer bearing Nos.TS 15 AH 9470 and TS 36 ATR 6418 is illegal, arbitrary and violative or Article 19(1)(g) of the Constitution of India and consequently direct the 2nd respondent to release the Petitioner's Tractor & Trailer bearing Nos.TS 15 AH 9470 and TS 36 ATR 6418 by collecting penalty as per rules and pass such other order or orders as this Hon'ble Court may deem fit and proper ....." 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.

A perusal of the said G.O. particularly from para-12 clauses

(3) and (4) is crystal clear that if the vehicle/ machinery is found involved in more than two times, such vehicle/ machinery along with sand shall be seized and confiscated by the license authorized mentioned therein in clause (3) and the procedure contemplated is in clause (4).

4.

Having regard to the above, this Writ Petition is disposed of directing the respondents to follow the procedure contemplated by G.O.Ms.No.15 dated 19.02.2015, if the petitioner chooses to abide by.

5.

Consequently, miscellaneous petitions, if any shall stand closed. No order as to costs.

___________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 24.01.2018 Note:

Issue C.C. tomorrow.

B/ o.

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