G.Masananna, v. The State Of Telangana,

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.41310 of 2015 21.12.2015 Between:

G.Masananna .. Petitioner and The State of Telangana, represented by its Principal Secretary, Panchayat Raj and Rural Development Department, Hyderabad and others .. Respondents Counsel for the petitioner: Mr.Janardhana Reddy Ponaka Counsel for respondent No.1: Assistant Government Pleader for Panchayat Raj and Rural Development (TS) Counsel for respondent No.2: Assistant Government Pleader for Home (TS) Counsel for respondent No.3: Assistant Government Pleader 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 HMV Tipper bearing registration No.AP 12 V 5292 and registering Crime No.251 of 2015 of Boothpur Police Station, as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to release the seized vehicle.

The petitioner pleaded that on 07.12.2015, respondent No.2 has seized his vehicle on the allegation that it was used for illegal transportation of sand and the aforesaid crime was registered in respect thereof and that thereafter, he has made application, dated 10.12.2015, to respondent No.3 for release of the seized vehicle. His grievance is that no action has been taken by respondent No.3 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 the competent authority 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 is stated to have already made his application, dated 10.12.2015, to respondent No.3, and the same is stated to have been pending, the latter is directed to forward the same to respondent No.2, who shall 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 the application by him. 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.53328 of 2015 filed by the petitioner for interim relief shall stand disposed of as infructuous. ______________________________ C.V.NAGARJUNA REDDY, J 21st December, 2015 GHN