Kura Anil Kumar v. The State Of Telangana

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.18849 OF 2019 Date: 29.08.2019 Between:

Kura Anil Kumar S/o.Narayana, 50 yrs, present owner of Tipper bearing No.

TS 10 UA 2415, r/o.Allipur Village, Chinnakodur Mandal, Siddipet District, previous owner of Tipper bearing No.Ts 10 UA 2415 is Smt P.Yadamma W/o.Ramulu.

.....Petitioner And The State of Telangana, Rep., by its Principal Secretary, Mines & Geology Department, Secretariat Buildings, Hyderabad & others.

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

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.18849 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. 2.

Learned counsel for petitioner submits that on 26.08.2019 a representation was made by the petitioner requesting the Station House Officer, Illanthakunta 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 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, the 2nd 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 2nd respondent, shall be disposed of within three days from the date of filing in the interest of justice.

Pending miscellaneous petitions shall stand closed. No order as to costs.

___________________ P.NAVEEN RAO, J 29th August, 2019 Rds