Botta Mallesh v. The State Of Telangana And 2 Others

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22691 OF 2019 Date:18.10.2019 Between:

Botta Mallesh, S/o. Ramulu, Aged 28 years, Owner of Goods Carriage LMV bearing No.TS 23T 2890, R/o.H.No.7-10, Kondapur, Near SC Colony, Mushtabad, Rajanna Sircilla District .. 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 HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.22691 OF 2019 ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for Mines and Geology appearing for respondent No.1, learned Government Pleader for Home appearing for respondent No.2 and learned Government Pleader for Revenue appearing for respondent No.3.

2.

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. 3.

Learned counsel for petitioner submits that on 13.10.2019 a representation was made by the petitioner requesting the Station House Officer, Mushtabad Police Station, Rajanna Sircialla District, the 2nd respondent, to release the vehicle. It appears, no orders are passed as on today. However, there is no proof of receipt of such representation.

4.

Since there is no proof of receipt 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:

5.

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:18.10.2019 KH