High Court for State of TelanganaWP/23661/2018disposed of no costs

Batchanaboyina Devaiah v. The State Of Telangana

2018-07-11A V Sesha Sai2 pages

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.23661 of 2018 ORDER:

This Writ Petition is filed, under Article 226 of the Constitution of India, seeking a Writ of Mandamus declaring the seizure of petitioner's Goods Carriage (Lorry) bearing No.TS 07 UA 1454 as illegal and consequently direct the respondent Nos.2 and 4 to release the vehicle. Heard the learned counsel for the petitioner, the learned Government Pleaders for Home, Revenue, and Mines and Geology (Telangana).

The petitioner claims to be the owner of lorry bearing No.TS 07 UA 1454. On 05.07.2018, the lorry of the petitioner was seized at Chityala by the fourth respondent as if the petitioner was transporting the sand illegally. Though the driver has shown the proof of having such permit and way bill, the same was not considered.

At the time of arguments, learned counsel for both the parties, in one voice, submitted that the subject matter involved in this Writ Petition is squarely covered by the order of this Court in W.P.Nos.4446 and 8360 of 2015, this Writ Petition is disposed of, granting liberty to the petitioner to make appropriate application to the third respondent-the Chityala Mandal, Nalgonda District, by enclosing a copy of the transit way bill and the documents in proof of ownership. The Tahsildar shall consider the same and, after satisfying with the genuineness of the transit way bill and the

ownership, he shall release the vehicle. If he is not satisfied on the validity of the way bill, he shall release the vehicle subject to fulfillment of the norms laid down in G.O.Ms.No.15,Industries & Commerce (Mines.I) Department, dated 19.02.2015, by imposing prescribed penalty provided therein and such exercise shall be completed within a period of three weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

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

___________________ A.V.SESHA SAI,J 11th July, 2018 Tsy