K.Srikanth v. The State Of Telangana

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.16108 OF 2019 Date: 31.07.2019 Between:

K.Srikanth S/o.K.Srinivas, Aged 35 yrs, Present owner of Tipper bearing No. TS 12 UB 6108 R/o.Matindla Village, Narayanaraopeta Mandal, Siddipet District, Previous owner of Tipper bearing NO.TS 12 UB 6108 is Smt D.Sujatha W/o.D.Santosh .....Petitioner And The State of Telangana, rep. by its Prl. Secretary, Mines & Geology Department, Secretariat Buildings, Hyderabad and others.

.....Respondents The Court made the following:

- 2 - HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.16108 OF 2019 ORDER:

This Writ Petition is filed praying to direct the respondents to release the vehicle. Petitioner alleges that his vehicle was seized by the 2nd respondent on the allegation of illegal transportation of sand.

2.

Learned counsel for petitioner submits that on 25.07.2019 representation was made by the petitioner requesting the Station House Officer, Chinnakodur Rural Police Station to release the vehicle agreeing to pay the compounding fee as mandated by the Government. It appears, no orders are passed as on today. However, there is no proof of filing such representation before the Station House Officer.

3.

Since there is no proof of filing of representation, it cannot be said that respondents are acting illegally in not attending to grievance of petitioner. Therefore, Writ Petition is disposed of with the following directions:

Petitioner is at liberty to approach either the learned jurisdictional Magistrate before whom the vehicle may have been produced and file application as per the procedure established by law and seek release of the vehicle by bringing 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, if the petitioner so desires, after examining the competence and jurisdiction to release the vehicle, if it was

- 3 - produced before the Court concerned; or in the alternative he may make a request to the 2nd respondent by filing appropriate application for release of vehicle, if not already filed and not received by the 2nd respondent; and if any such application is filed before the 2nd respondent, the 2nd respondent is at liberty to pass appropriate orders as per terms of G.O.Ms.No.15, dated 19.02.2015. It is needless to state that the application, if any, filed by the petitioner before either the Court or the 2nd respondent, shall be disposed of within three days from the date of filing in the interest of justice. Pending miscellaneous petitions shall stand closed.

__________________ P.NAVEEN RAO, J 31st July, 2019 Rds