Polagani Srinivas Rao v. The State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 8866 of 2019 O R D E R:

This writ petition is filed for the following relief: "to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in seizing the Lorry bearing No.TS 16 UB 7227 of the 1st petitioner and the Tipper bearing No. AP 01X 9280 of the 2nd petitioner without following any procedure under statutes contemplated under Rule 9Q(7) of the Minor Mineral Concession Rules and G.O.Ms.No.15, Industries and Commerce (Mines-I) Department dated 19.02.2015 as being illegal, arbitrary and against the principles of natural justice and violative of Articles 14, 16, 191(g), 21 and 301 of the Constitution of India and consequently direct the respondents to release the Lorry bearing No TS 16 UB 7227 of the 1st petitioner and the Tipper bearing No.

AP 01 X 9280 of the 2nd petitioner forthwith...." When the matter is taken up, it is submitted by the learned counsel for the petitioners that the issue raised in the present Writ Petition is squarely covered by the order, dated 20.09.2018, passed by this Court in Writ Petition No.34062 of 2018. Relevant portion of the aforesaid order reads as under: "Therefore, for reasons alike, this writ petition is also disposed of with the following directions: "The petitioner is at liberty to approach, either, the learned Magistrate before whom the vehicle was said to have been produced and file application as per the procedure established by law and seek release of the vehicle by bringing to the notice of the Court the policy decision taken by the Government and the terms of the G.O.Ms.No.15, dated 19.02.

2015, if the petitioner so desires; or in the alternative he may make a request to the 2nd respondent by filing appropriate application for release of the vehicle; and, if any such application is filed before the 2nd respondent, the 2nd respondent is at liberty to pass appropriate orders as per terms of G.O.Ms.No.15, dated 19.02.2015, after examining the competence and jurisdiction to release the vehicle, which was said to have been produced before the Court concerned.

respondent shall be disposed of on the same day in the interests of justice."

Following the aforesaid order and for the reasons stated therein, this Writ Petition is also disposed of in terms thereof. Miscellaneous petitions, if any, pending in this Writ Petition shall also stand disposed of. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt:24.04.2019 Note: Issue cc in two days.

kdl