Kethavath Heriya v. The State Of Telangana

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.9212 OF 2015 O R D E R :

This petition is filed for a writ of Mandamus declaring the action of the respondents 4 and 5 in seizing the petitioner's vehicles bearing No.AP 29 TA 6578 and AP 28 TE 2142- Goods Carriage, without following any procedure under statutes contemplated under Section 9Q, Sub Section 7 of the A.P.Minor Mineral Concession Rules 1966, as illegal and arbitrary and against the principles of natural justice and for a consequential direction to the respondents to give interim custody of the said vehicles to the petitioner forthwith. It is represented by the learned counsel for the petitioner that in similar circumstances, this Court has disposed of W.P.No.3747 of 2015 on 23.02.2015 giving certain directions and that the present case is covered by the said judgment, which is not disputed by the learned Assistant Government Pleader for Panchayat Raj (Telangana), Assistant Government Pleader for Revenue and Assistant Government Pleader for Home.

In view of the said representation, following the said judgment, this writ petition is disposed of directing the petitioner to submit an application for release of the vehicles before the competent authority and the competent authority, within three days from the date of receipt of such application, examine whether the vehicles are used in committing the offence for the first and second time; and if so, consider directing release of the vehicles on payment of the prescribed penalty. If, on the other hand, the vehicles are found to have been used in commission of the offence, for three or more times, the officer concerned shall consider directing release of the vehicles 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 giving consent for production of he seized vehicles as and when required.

Accordingly, the writ petition is disposed of. 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 06.04.2015 dv

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.4068 OF 2015

Date: 25.02.2015 tk