Sabavath Hanumantu v. The State Of Telangana

HON'BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.4689 of 2015 Date: 26-02-2015 Between:

Sabavarth Hanumantu .... Petitioner AND The State of Telangana, represented by its Principal Secretary to Panchayat Raj Department, Hyderabad and 4 others .... Respondents HON'BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.4689 of 2015 ORDER:

This writ petition is filed for a Mandamus declaring the action of the respondent 4 and 5 in seizing the petitioner's vehicle bearing No.AP-28-TE-4466 without following any procedure under statutes contemplated under Section 9 Q sub-section 7 of the A.P. Minor Mineral Concession Rules, 1966 as illegal, arbitrary and violative of principles of natural justice and for a consequential direction to the respondents to release the said vehicle for interim custody to the petitioner forthwith.

2. It is represented by the learned counsel for the petitioner that in similar circumstances, this Court disposed of W.P.No.1240 of 2015 on 05-02-2015 giving certain directions and that the present case is squarely covered by the said judgment, which is not disputed or denied by the learned Assistant Government Pleader for Panchayat Raj (Telangana), Assistant Government

Pleader for Revenue and Assistant Government Pleader for Home.

3. In view of the said representation, following the ratio laid down in the said judgment, the writ petition is disposed of directing the petitioner to submit his application for release of the vehicle before the competent authority and the competent authority shall, within three days from the date of receipt of such application, examine whether the vehicle is used in committing the offence for the first and second time; and if so, consider directing release of the vehicle on payment of the prescribed penalty by each petitioner. If, on the other hand, the vehicle is found to have been used in commission of the offence, for three or more times, the officer concerned shall consider directing release of the vehicle after deposit of amount in accordance with Rule-12 of GO.Ms.No.15, dated 19-02-2015 and also on execution of bond along with an affidavit by the petitioner giving consent to produce the seized vehicle as and when required.

With the above observation, the writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

_____________________ A. RAJASHEKER REDDY, J Date: 26-02-2015 Ksn