V.Kurmaiah v. The State Of Telangana, Rep. By Its Principal Secretary,

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.24619 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 tractor and trailor bearing Nos.AP 22 AP 3350 and TS 06 UA 0031, and tractor and trailor bearing Nos.AP 24 R 9746 and AP22 X 7705 without following any procedure as envisaged in G.O.Ms.No.3, dated 08.01.2015 and G.O.Ms.No.15, dated 19.02.2015 issued by the Industries & Commerce (Mines-I) Department, belonging to the petitioners, as being illegal, arbitrary, against the principles of natural justice and violative of Articles 14, 16, 19(1)(g), 21, 300-A and 301 of Constitution of India and consequently to direct the respondents to release the above mentioned tractors and trailors of the petitioners forthwith.

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

Learned counsel for the petitioners submitted that the issue involved in this writ petition is squarely covered by the decision 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.

The aforesaid submissions made by the learned counsel for the petitioners are admitted by the learned Government Pleaders appearing for the respondents. Further the learned Government Pleaders submit that this writ petition may be disposed of in similar

lines to the order of this Court dated 09.12.2005 passed in Writ Petition No.39888 of 2015.

In view of the above, the Writ Petition is disposed of following the decision of this Court in Writ Petition No.39888 of 2015 dated 09.12.2015 directing the second respondent to consider for release of the seized vehicles. Since the petitioners have already submitted their respective representations to the second respondent, he is directed to consider the same and pass appropriate orders as per G.O.Ms.No.15, 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 for release of the seized vehicles within a period of three (3) days from the date of receipt of a copy of this order.

No costs.

Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

________________________ T.SUNIL CHOWDARY, J Date: 27.07.2016 Ivd