Vadthya Raju v. The State Of Telangana

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.26316 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus declaring the action of the respondents in seizing the petitioners' vehicles i.e., Tractor and Trailer bearing Nos.AP 36 AS 0668 and TS 06 UA 6858, and Tractor and Trailer bearing Nos.AP 28 TB 8962 and AP 28 TB 8961 without following procedure as illegal and without jurisdiction.

2. Heard the learned counsel for the petitioners, the learned Government Pleaders for Home, Mines and Geology, and Revenue (Telangana).

3. Learned counsel for the petitioners submitted that the issue involved in this writ petition is squarely covered by the orders of this Court in Writ Petition No.39888 of 2015 dated 09.12.2015 and that a large number of similar and identical cases have been disposed of directing the authorities to release the seized vehicles in terms of G.O.Ms.No.3, Industries and 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.

4. While concurring with the aforesaid submissions made by the learned counsel for the petitioners, the learned Government Pleaders would submit that this writ petition may be disposed of in similar lines to the order of this Court in writ petition No.39888 of 2015.

5. Having regard to the facts and circumstances of the case, respondent Nos.2 and 3 are hereby directed to consider the representations of the petitioners dated 30.6.2016 for release of the vehicles and pass appropriate orders thereon in the light of the aforementioned G.Os within a period of three days from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition is disposed of. No costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

________________________ T.SUNIL CHOWDARY, J Date: 05.08.2016 Ivd