High Court for State of TelanganaWP/40077/2015disposed of no costs

Edavelly Hanumanthu, S/O. Narsappa v. The State Of Telangana

2015-12-10C.V.Nagarjuna Reddy2 pages

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.40077 of 2015 Date:10.12.2015 Between:

Edavelly Hanumanthu, S/o Narsappa ..... Petitioner And:

The State of Telangana, reptd., by its Principal Secretary, Home Department, Hyderabad and three others.

.....Respondents Counsel for the Petitioner: Mr. K.Laxmaiah Counsel for Respondent Nos.1 & 2: AGP for Home (TS) Counsel for Respondent No.3: AGP for Mines & Geology (TS) Counsel for Respondent No.4: AGP for Revenue (TS) The Court made the following:

ORDER:

This Writ Petition is filed for a Mandamus to declare the action of the respondents in seizing the petitioner's vehicle bearing registration No.AP 22 X 8610Goods Carriage, on the allegation that it was found transporting sand illegally, as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to release the seized vehicle to him. Learned counsel for both parties submitted 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, both respondent Nos.2 and 4 are competent to release the seized vehicles. As respondent No.2 is stated to have seized the vehicle, it is appropriate that this respondent considers release of the seized vehicle to the petitioner. Purported copy of the application made by the petitioner to respondent No.2 for release of the seized vehicle has been filed as material paper.

Therefore, if such application was made to and received by respondent No.2, he shall consider the same in accordance with the above-mentioned G.Os and communicate the decision to the petitioner within one week from the date of receipt of a copy 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.51736 of 2015 filed by the petitioner for interim relief is disposed of as infructuous. ____________________________ JUSTICE C.V.NAGARJUNA REDDY 10th December, 2015 DR