Boila Sravan Reddy v. The State Of Telangana

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION NO.32772 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking to issue writ of mandamus declaring the action of the respondents in seizing the petitioners Goods Carriage vehicles bearing Nos. AP 2 TA 5060, HMV, TS 05 UB 5173 and HMV and TS 05 UB 7735 as illegal and arbitrary.

2.

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

3.

The petitioners claim that they are the owners of the Goods Carriage vehicles bearing Nos. AP 2 TA 5060, HMV, TS 05 UB 5173 and HMV and TS 05 UB 7735. A perusal of the record reveals that the vehicles of the petitioners were intercepted by the 2nd respondent on 19-09-2016 when they were proceeding from Bhadrachalam mandal to Hyderabad alleging that the petitioners were transporting sand illegally in the vehicles. In spite of showing waybill and other relevant documents by the drivers of the vehicles, the 2nd respondent without considering the same, seized the vehicles. The petitioners submitted a representation to the 2nd respondent on 20-09-2016.

4.

Learned counsel for the petitioner 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 petitioner, 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.

In view of the above, the second respondent is hereby directed to consider the application of the petitioners dated 20-09-2016 for release of the Goods Carriage 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. No order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _________________________ T.SUNIL CHOWDARY, J DATED: 27-09-2016 Hsd