V.Roop Singh And Another v. The State Of Telangana And 2 Others

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.19808 OF 2019 Date:20.09.2019 Between:

V. Roop Singh, S/o. V. Gopal, Aged about 54 year, Occ: Owner of the Vehicle bearing No.TS 08 UE 8595, R/o.H.No.6-3, Annojiguda, Pocharam, K.V. Rangareddy District and another .. Petitioners And The State of Telangana, rep., by its Principal Secretary to Mines and Geology Department, Secretariat Buildings, Hyderabad and others .. Respondents The Court made the following:

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.19808 OF 2019 ORDER:

This Writ Petition is filed praying to direct the respondents to release the vehicle. Petitioners allege that their vehicle was seized by respondents 2 and 3 on the allegation of illegal transportation of sand.

2.

Learned counsel for petitioners submits that on 28.08.2019 a representation was made by the petitioners requesting the Forest Range Officer Parsa, Mulugu, Mulugu District, the 3rd respondent, to release the vehicle. It appears, no orders are passed as on today. However, there is no proof of filing such representation before the 3rd respondent.

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 petitioners. Therefore, Writ Petition is disposed of with the following directions:

Petitioners are 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 petitioners so desire, after examining the competence and jurisdiction to release the vehicle, if it was produced before the Court concerned; or in the alternative they may make a request to the 3rd respondent by filing appropriate

application for release of vehicle, if not already filed and not received by the 3rd respondent; and if any such application is filed before the 3rd respondent, the 3rd 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 petitioners before either the Court or the 3rd 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 Date:20.09.2019 KH