B.Rajeshwar Reddy v. The State Of Telangana,

THE HON'BLE SRI JUSTICE T. SUNIL CHOWDARY WRIT PETITION No.33986 of 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus declaring the seizure of petitioners' vehicles is illegal and arbitrary. Heard the learned counsel for the petitioners, the learned Government Pleader for Home (Telangana), learned Government Pleader for Panchayat Raj (Telangana) and learned Government Pleader for Mines & Geology (Telangana).

The first petitioner claims to be the owner of the lorry bearing No.AP 26 TA 5277, second petitioner claims to be the owner of the lorry bearing No.TS 12 UA 7670 and the third petitioner claims to be the owner of the lorry bearing No.TS 07 UA 8055.

A perusal of the record reveals that the vehicles of the petitioners were intercepted on 27.09.2016 at Parigi in Ranga Reddy District alleging that sand was being transported in the said lorries, without licence. It is the case of the petitioners that they have been transporting sand under valid permit and way bills. It is the further case of the petitioners that they submitted an application to the second respondent on 28.09.2016 with a request to release the vehicles.

At the time of arguments, learned counsel for both the parties, in one voice, submitted that the subject matter involved in this writ petition is squarely covered by the order of this Court

in W.P.No.39888 of 2015 dated 09.12.2015 and that a large number of similar and identical cases have been disposed of directing the authorities to release the seized vehicles in terms of G.O.Ms.No.3, Industries and Commerce (Mines.I) Department, dated 08.01.2015 as amended by G.O.Ms.No.15, Industries & Commerce (Mines.I) Department, dated 19.02.2015. While concurring with the aforesaid submissions made by the learned counsel for the petitioners, the learned Government Pleaders would submit that this writ petition may be disposed of in similar lines to the order of this Court in writ petition No.39888 of 2015.

In view of the above, the second respondent is hereby directed to consider the application of the petitioner dated 28.09.2016 for release of the vehicles and pass appropriate orders thereon in the light of the aforementioned G.Os within a period of three days from the date of receipt of a copy of this order.

With the above direction, the writ petition is disposed of. No order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

_____________________ T. SUNIL CHOWDARY, J Date: 30.09.2016 Kvsn