Alli Chandrasekhar v. The State Of Telangana And 2 Others

Date: 21.10.2019 Between :

Alli Chandrasekhar Petitioner And State of Telangana, rep. by its Principal Secretary to Government Mines & Geology Department, Secretariat Building, Hyderabad & others.

Respondents This court made the following :

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 vehicles. Petitioner alleges that his vehicles were seized by the 2nd respondent on the allegation of illegal transportation of sand.

3.

Learned counsel for petitioner submits that on 10.10.2019 a representation was made by the petitioner requesting the 2nd respondent-Station House Officer, Manopad Police Station, Jogulamba Gadwal district, to release the vehicles. 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:

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 vehicles by bringing to the notice of the Court the policy decision taken by the Government in G.O.Ms.No.15,

Industries and Commerce (Mines-I) Department, dated 19.02.2015; or in the alternative he may make a request to the 2nd respondent by filing appropriate application for release of vehicles, 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 either before the Court or the 2nd respondent, shall be disposed of within three days of its filing, as per the terms of G.O.Ms.No.15 dated 19.2.2015, after examining the competence and jurisdiction to release the vehicles. Pending miscellaneous petitions shall stand closed. No order as to costs.

__________________ P.NAVEEN RAO,J Date: 21.10.2019 DA

21.10.2019