Syed Ajis, v. The State Of Telangana,
THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.22951 OF 2016 ORDER:
This Writ Petition is filed for a Mandamus to declare the action of the respondents in not releasing the vehicle bearing Registration No. T.S. 16 AU 3738 as illegal and arbitrary.
The petitioner pleaded that he is the owner of the abovementioned vehicle, that on 03.07.2016 the said vehicle was seized. The petitioner further averred that as the alleged violation is of first instance, he is entitled to get the seized vehicle released by paying the prescribed penalty in terms of G.O.Ms.No.15, Industries and Commerce (Mines-I) Department, dated 19.02.2015 and that in spite of the request made to respondent No.2 for release of the vehicle, no steps have been taken by the 2nd respondent.
Inasmuch as, respondent No.2 is also authorized to release the seized vehicle in terms of G.O.Ms.No.15, dated 19.02.2015, I find it appropriate that the petitioner makes the application before him as he is the one who has seized the petitioner's vehicle and is evidently in custody of the same. Hence, the petitioner is permitted to make the application to respondent No.2 for release of the seized vehicle. Within three days of receipt of such application, respondent No.2 shall consider, take appropriate decision thereon and communicate the same to the petitioner.
Subject to the above direction, the writ petition is disposed of. No order as to costs. As a sequel to disposal of the writ petition, Miscellaneous Petitions, if any, pending shall stand disposed of as infructuous.
____________________________ CHALLA KODANDA RAM, J Date:14.07.2016 Ssv