Myadaiah Mahabubnagar Dist And Another v. Prl Secy Home Dept Hyd And 3 Others

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33716 of 2015 DATED : 13.10.2015 Between :

M. Yadaiah S/o.Narsimhulu, Occu : Agriculture, R/o.Vadiyal Village, Midjil Mandal, Mahabubnagar District & another. .. Petitioners and The State of Telangana, Rep., by its Principal Secretary, Home Department, Secretariat, Hyderabad & 3 others. .. Respondents

This court made the following :

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33716 of 2015 ORDER :

The grievance of the petitioners in the writ petition is that even though they have valid permit, their Tractor Trailors bearing Nos.AP 22 AF 4611 & AP 22 D 2689, AP 22 Q 5004 & AP 22 Q 5005 were seized by the Tahsildar, Midjil Mandal, Mahabubnagar District (3rd respondent) and so far the custody of the vehicles were not given causing grave hardship to the petitioners.

2. Learned counsel for the petitioners, contend that even though a complaint was lodged with the local police concerning seizure of the vehicles, so far the vehicles are not produced in the concerned Court. Therefore, the petitioners cannot move any application before the concerned court for release of the vehicles. Learned counsel further submits that in similar matters, this Court granted order for release of the vehicle subject to fulfillment of conditions as prescribed in G.O.Ms.No.15, Industries & Commerce (Mines-I) Department, dated 19.02.2015, subject to production of ownership documents and also with an undertaking that the petitioner shall not create third party interest and shall produce the vehicle as and when required.

3. Having regard to the above, the writ petition is disposed of, directing the petitioners to submit representations to the 3rd respondent who seized their vehicles, for release of the vehicles. The said officer shall, within three days from the date of receipt of the representations, examine whether the vehicles were used in the commission of the offence as prohibited by G.O.Ms.No.15 Industries and Commerce (Mines-I) Department, dated 19.02.2015 and the officer concerned shall release the vehicles, by duly observing relevant provisions of the Order, and with such conditions as warranted, including execution of bond by the owner of the vehicles for its production as and when directed by the competent Court, to which such seizure was reported as a consequent to complaint lodged by the Officer, who seized the vehicles; deposit of amounts; and not to create third party interest.

4. With the above observations, 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. __________________ P.NAVEEN RAO,J 13th October, 2015.

Rds