K.Sampath v. The State Of Telangana

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.17386 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 2nd respondent on the allegation of illegal transportation of sand.

Learned counsel for petitioner submits that on 12.08.2019 a representation was made by the petitioner requesting the Station House Officer, Chinna Kodur Police Station, Siddipet District, 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. 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 might have been produced and file an 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 in terms of G.O.Ms.No.15, Industries and Commerce (Mines-I) Department, dated 19.02.2015, if the

CKR,J W.P.No.17386 of 2019 petitioner so desires, 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, he is at liberty to pass appropriate orders in 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. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________________________ JUSTICE CHALLA KODANDA RAM 16.08.2019.

Msr

CKR,J W.P.No.17386 of 2019 HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.17386 of 2019 16.08.2019 Msr