Gundala Kondalu v. The State Of Telangana And 4 Others

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.16748 OF 2019 Date: 07.08.2019 Between:

Gundala Kondalu, S/o.Rama Swamy, Aged about 26 yrs, R/o.Konda Mallepalli Post, New Doniyala, Nalgonda District, T.S .....Petitioner And The State of Telangana, rep. by its Principal Secretary, Department of Home, Secretariat, Hyderabad and others.

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

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.16748 OF 2019 ORDER:

This Writ Petition is filed praying to direct the respondents to release the vehicle. Petitioner alleges his vehicle was seized by the 5th respondent on the allegation of illegal transportation of sand. 2.

Learned counsel for petitioner submits that a representation was made by the petitioner requesting the Station House Officer, Gudipalli Police Station to release the vehicle. 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 produced before the Court concerned; or in the alternative he may make a request to the 5th respondent by filing appropriate application for release of vehicle, if not already filed and not received by the 5th respondent; and if any such application is filed before the 5th respondent, the 5th 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 5th 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 7th August, 2019 Rds