High Court for State of TelanganaWP/5584/2016disposed of no costs

Sabavath Badru v. The State Of Telangana

2016-02-22Challa Kodanda Ram2 pages

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 5584 of 2016 Date: 22.02.2016 BETWEEN Sabavath Badru Mahabubnagar District.

...Petitioner

And The State of Telangana, Rep. by its Principal Secretary to Home Department, Secretariat Buildings, Hyderabad, and others.

...Respondents.

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 5584 of 2016 ORDER:

This writ petition is filed for a mandamus to declare the action of respondent No.2 in seizing the petitioner's vehicle bearing registration No. AP 21 W 1541 (Goods Carriage) as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to release the seized vehicle.

The petitioner pleaded that on 15.02.2016, respondent No.2 has seized the aforementioned vehicle on the allegation that it was used for illegal transportation of sand and that he has made an application, dated 16.02.2016, 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 application 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 seized vehicle.

In view of the above noted facts, it is appropriate that respondent No.2 considers release of the seized vehicle. Since the petitioner has already submitted his application, dated 16.02.2016, to the said respondent, he is directed to consider the same and pass appropriate orders as per the aforementioned G.Os. for release of the seized vehicle within a period of three days 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.7097 of 2016 filed by the petitioner for interim relief shall stand disposed of as infructuous.

____________________________________ JUSTICE CHALLA KODANDA RAM Date: 22.02.2016 va