Kishan Kethavath v. The State Of Telangana, Rep. By Its Principal Secretary To

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.22862 of 2015 ORDER:

This writ petition is filed for a Writ of Mandamus to declare the action of the respondents in seizing the petitioners' lorries bearing Nos.AP-29-U-5796, AP-29-U-0189, AP-29-T-4988, AP-04W-3506 AND TS-07-UA-6499 (goods carriage) without following any procedure under statutes contemplated under Section 9Q(7) of the A.P. Minor Mineral Concession Rules, 1966 as illegal, arbitrary and against the principles of natural justice and violative of Article 14,16,19(1)(g), 21, 300-A and 301 of the Constitution of India and for a consequential direction to the respondents to give interim custody of the said vehicles to the petitioners forthwith.

2. It is represented by the learned counsel for the petitioners hat in similar circumstances, this Court has disposed of W.P.No.3747 of 2015 on 23-02-2015 giving certain directions and that the present case is covered by the said judgment, which is not disputed by the learned Assistant Government Pleader for Panchayat Raj (Telangana), Assistant Government Pleader for Revenue, Assistant Government Pleader for Home and Assistant Government Pleader for Mines and Geology.

3 .

In view of the said representation, following the said judgment, the writ petition is disposed of directing the petitioners herein to submit applications for release of the vehicles before the competent authority and the competent authority, within three days from the date of receipt of such application, examine whether the vehicles are used in committing the offence for the first and

second time; and if so, consider directing release of the vehicles on payment of the prescribed penalty. If, on the other hand, the vehicles are found to have been used, in commission of the offence, for three or more times, the officer concerned shall consider directing release of the vehicles after deposit of amount in accordance with Rule-12 of G.O.Ms.No.15, dated 19-02-2015 and also on execution of bond along with an affidavit giving consent to produce the seized vehicles as and when required. 4.

Accordingly, the writ petition is disposed of. As a sequel thereto, miscellaneous applications, if any pending in the writ petition, shall stand closed. There shall be no order as to cost. ___________________ A.V. SESHA SAI, J July 23, 2015 Pn THE HON'BLE SRI JUSTICE A.V. SESHA SAI

WRIT PETITION No.22862 of 2015 July 23, 2015 Pn