High Court for State of TelanganaWP/4157/2016disposed of no costs

K.Anjaneyulu S/O.K.Ramulu, Occ Present Owner v. The State Of Telangana Rep.By Its Principal Secretary To

2016-02-10C.V.Nagarjuna Reddy2 pages

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4157 of 2016 Date:10.02.2016 Between:

K.Anjaneyulu, S/o K.Ramulu ..... Petitioner And:

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

.....Respondents Counsel for the Petitioner: Mr. V.Brahmaiah Chowdary 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 respondent No.2 in seizing the petitioner's vehicle bearing registration No.AP 27 TT 3888-Goods Carriage (lorry) on the ground that the same was used for illegal transportation of sand, as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to release the seized lorry. The petitioner pleaded that he has made an

application, dated 05.02.2016, 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 same.

Since the petitioner has already submitted an application for release of the seized vehicle before respondent No.2 on 05.02.2016, the latter is directed to consider the same, if received, and pass appropriate order thereon as per the aforementioned G.Os., within a period of one week from the date of receipt 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.5331 of 2016 shall stand disposed of as infructuous.

____________________________ JUSTICE C.V.NAGARJUNA REDDY 10th February, 2016 DR