Vemula Ravi v. The State Of Telangana

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.20698 OF 2019 Date:23.09.2019 Between:

Vemula Ravi, S/o. Durgaiah, 30 years, R/o.H.No.2-101/50/3, Kamanpur Village and Mandal, Peddapalli District, present owner of Lorry bearing No.TS 20T 4568, previous owner of Lorry bearing No.TS 20T 4568 is Mr. G. Sravankumar, S/o. Sathaiah .. Petitioner And The State of Telangana, rep., by its Principal Secretary, 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.20698 OF 2019 ORDER:

This Writ Petition is filed praying to direct the respondents to release the vehicle. Petitioner alleges that his vehicle was seized by respondents 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, Siddipet Rural Police Station, Rajanna Sirisilla District, the 2nd 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 2nd 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 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 Date:23.09.2019 KH