Mohammed Mohiuddin v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.28606 of 2018 ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed by the petitioners questioning the seizure of lorries bearing Nos. TS 09 UC 0084 AND TS 09 UC 0082, as illegal, arbitrary and unconstitutional.

I have heard the submissions of the learned counsel for the petitioners and of the learned Assistant Government Pleader representing the 3rd respondent.

Learned counsel for the petitioners first submitted that the vehicles were seized while transporting sand. Further, having placed reliance upon an order, dated 29.12.2016, of this Court in W.P.No.44808 of 2016 and stating that in that writ petition with identical facts, this Court gave appropriate directions with regard to the release of the vehicles, sought similar directions in this petition for release of the subject vehicles as per terms of the Government Orders in G.O.Ms.No.15, dated 19.02.2015.

Learned Assistant Government Pleader would submit that the above said lorries are already produced before the learned Magistrate concerned and, therefore, the writ petitioners are required to make appropriate application/ s before the Court of the learned Magistrate for release of the said vehicles.

However, learned counsel for the petitioners submitted that even if the vehicles are produced before a competent Court, still, as per the terms of the afore-said GO, the 2nd respondent/ authority concerned is

also empowered to consider the request of the petitioners for release of the seized vehicles in matters of this nature as per policy decision taken by the Government.

Having regard to the submissions and the terms of G.O.Ms.No.15, dated 19.02.2015, the Writ Petition is disposed of with the following directions: 'The petitioners are at liberty to approach either the learned Magistrate before whom the vehicles were said to have been produced and file applications 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 and the terms of the G.O.Ms.No.15, dated 19.02.2015, if the petitioners so desire; or, in the alternative they may make a request to the 2nd respondent by filing appropriate applications for release of the vehicles; and, if any such applications come to be 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, after examining the competence and jurisdiction to release the vehicles, which were said to have been produced before the Court concerned.' It is needless to state that the applications, if any, filed by the petitioners before either the Court or the 2nd respondent shall be disposed of on the same day in the interests of justice. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed. ______________ A.V.Sesha Sai, J 13.08.2018 smr