M. Saiduiu, v. The State Of Telangana Rep. By Its Principal Secretary,
HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.20756 OF 2016 ORDER:
This writ petition is filed for a mandamus to declare the action of respondents in not releasing the petitioner's vehicle bearing Registration No.A.P. 24 TC 0457 & A.P. 24 UA TR 1797 as illegal and arbitrary. The petitioner pleaded that he is the owner of the above-mentioned vehicle, that on 24.06.2016, 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 application made to respondent No.2 on the same day for release of the vehicle, no action has been taken. Inasmuch as respondent No.2 is also authorised 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, WP.M.Ps if any pending shall stand disposed of as infructuous.
______________________________ CHALLA KODANDA RAM, J Dated:29.06.2016 Gk HON'BLE SRI JUSTICE CHALLA KODANDA RAM
WRIT PETITION No.20756 OF 2016 Date:29.06.2016 Gk