High Court for State of TelanganaWP/27177/2016disposed of no costs

Kadire Shankar v. The State Of Telangana

2016-08-12T.Sunil Chowdary2 pages

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.27177 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 petitioners Tractors and Trailers bearing Nos.AP 24 AN 7709 & AP 24AN 7708 and AP 24 TA 0156 & AP 24 TA 0157 as being illegal, arbitrary and consequently direct the respondents to release the above mentioned vehicles to the petitioners forthwith.

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

3. The petitioners claim to be owners of Tractors and Trailers bearing Nos.AP 24 AN 7709 & AP 24AN 7708 and AP 24 TA 0156 & AP 24 TA 0157, respectively. A perusal of the record reveals that the Tractors and Trailers of the petitioners were intercepted on 08.08.2016 alleging that they were transporting sand illegally without any permission.

4. At the time of the arguments, the 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.

5. While concurring with the aforesaid submissions made by the learned counsel for the petitioners, the learned Government Pleaders

would submit that this Writ Petition may be disposed of in similar lines to the order of this Court in Writ Petition No.39888 of 2015.

6. Having regard to the facts and circumstances of the case, the second respondent is hereby directed to consider the application of the petitioners dated 08.08.2016 for release of the vehicles and pass appropriate orders thereon in the light of the aforementioned G.Os within a period of three weeks from the date of receipt of a copy of this order.

7. With the above direction, the Writ Petition is disposed of. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

________________________ T.SUNIL CHOWDARY, J Date:12.08.2016 Note:- Issue C.C. by 16.08.2016.

(B/o) KH