High Court for State of TelanganaWP/41053/2015disposed of no costs

Kurva Parvathaiah, S/O. Narsimhulu v. The State Of Telangana

2015-12-17C.V.Nagarjuna Reddy4 pages

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.41053 of 2015 Date: 17.12.2015 Between:

Kurva Parvathaiah .. Petitioner and The State of Telangana rep. by its Prl.Secretary Panchayat Raj & Rural Development Dept., Hyderabad and 3 others .. Respondents Counsel for the petitioner: Mr.S.Annapurna Counsel for respondent No.1: AGP for Panchayat Raj (TS) Counsel for respondent No.2: AGP for Home (TS) Counsel for respondent No.3: AGP for Revenue (TS) Counsel for respondent No.4: AGP for Mines & Geology The Court made the following:

O r d e r :

This Writ Petition is filed for a Mandamus to declare the action of respondent No.2 in seizing the petitioner's tractor and trailer bearing registration Nos.AP 22 M 6446 and AP 22 M 6447 respectively, on the ground that the same was used for illegal transportation of sand, as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to release the seized vehicle. The petitioner pleaded that he has made a representation on 07.12.2015, to respondent No.2, who is the competent authority, for release of the seized vehicle. The petitioner's grievance is that no action has been taken by respondent No.2 on his representation so far.

At the hearing, it is submitted by the learned Counsel for both parties that as per G.O.Ms.No.3, Industries & 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, respondent No.2, who is stated to have seized the vehicle, is competent to release the same.

Since the petitioner has already submitted his application for release of the seized vehicle before respondent No.2 on 07.12.2015, the latter is directed to consider the same, if received, and pass appropriate order thereon as per the aforementioned G.Os., within a period of one week from the date of receipt of this order.

Subject to the above directions, the Writ Petition is disposed of.

As a sequel to disposal of the Writ Petition, W.P.M.P.No.41053 of 2015, filed by the petitioner for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) Dt: 17th December, 2015 lur