Sudula Lingaiah , Lingamaiah Sudhi S/O Mallaiah v. The State Of Telangana

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.36912 of 2015 Dated 13.11.2015 Between:

Sudula Lingaiah @ Lingamaiah Sudhi ... Petitioner and The State of Telangana rep. by its Principal Secretary Hyderabad and 4 others

...Respondents

Counsel for the petitioner: Mr.G.Rajender Counsel for respondent Nos.1 & 4: AGP for Home (TS) Counsel for respondent No.2: AGP for Panchayat Raj (TS) Counsel for respondent No.3: None appeared Counsel for respondent No.5: AGP for Revenue (TS)

The Court made the following:

O r d e r :

Feeling aggrieved by the seizure of his tractor and trailer bearing registration Nos.AP 22 AJ 6855 and AP 22 AJ 6856 by respondent Nos.4 and 5 on the ground that the same was transporting sand illegally, the petitioner has filed this Writ Petition.

At the hearing, it is submitted by learned Counsel for both parties that as per G.O.Ms.No.3, Industries & 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, both respondent Nos.4 and 5 are competent to release the seized tractor and trailor. The petitioner has not pleaded that he has made any application before the said respondents for release of the seized tractor and trailer as per the aforesaid GOs. Therefore, I am not inclined to direct release of the seized tractor and trailer at this stage. However, as respondent No.5 is stated to have seized the tractor and trailer and handed over the same to respondent No.4, it is appropriate that the latter considers release of the same.

Accordingly, the petitioner is permitted to make an application for release of his tractor and trailer before respondent No.4. Within one week of receipt of such application, respondent

No.4 is directed to pass appropriate order in terms of the aforesaid GOs and communicate the same to the petitioner. Subject to the above direction, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP.No.47542 of 2015, filed by the petitioner for interim relief, is disposed of as infructuous.

______________________ (C.V.Nagarjuna Reddy, J) Dt: 13th November, 2015 LUR