Veerabhadra Rao Sunkara v. The State Of Telangana And 2 Others

THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION No.15986 of 2021 ORDER:

Aggrieved by the action of the respondents in seizing the petitioner's goods vehicle (Lorry) bearing registration No. AP 16 TH 4443, the present Writ Petition is filed.

Heard the learned counsel for the petitioner, learned Government Pleader for Mines & Geology for respondent No. 1, learned Government Pleader for Home for respondent No. 2 and learned Government Pleader for Revenue for the respondent No 3. The learned counsel for the petitioner states that the matter is squarely covered by the earlier order of this Court passed in W.P.No.5711 of 2020, dated 13.03.2020, and W.P.No.4086 of 2020, dated 26.02.2020, and the same is not disputed by the respondents' counsel.

Having regard to the same, the present writ petition is disposed of with a direction to the petitioner to approach the learned jurisdictional Magistrate before whom the vehicle will be produced and file an application as per the procedure established by law and seek release of the vehicle by brining it to the notice of the Court the Policy decision taken by the Government and the terms of G.O.Ms.No.15, Industries and Commerce (Mines-I) Department, dated 19.02.2015; or in the alternative, if the petitioner so desires, he can make an application before the respondent No.2 for release of the vehicle, if not already filed. On such application being made by the petitioner, the second respondent shall pass appropriate orders in accordance with the terms and conditions laid down in G.O.Ms.No.15, dated 19.02.2015, and release the vehicle. It is needless to mention that

WP No.15986 of 2021 AAR,J if any application is filed by the petitioner either before the concerned jurisdictional Magistrate or the second respondent, they shall dispose of the same within a period of one week from the date of filing of such application for release of the vehicle, in the interest of justice.

The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. ________________________ A.ABHISHEK REDDY, J Date : 14.07.2021.

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