Gundlapally Lingaiah, v. The State Of Telangana,

HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION NO.30098 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking to issue writ of mandamus declaring the seizure of petitioner's tractor and trailer bearing Nos. AP 24 AB 0965 and AP 24 AB 0964 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 petitioner claims that he is the owner of the tractor and trailer bearing Nos. AP 24 AB 0965 and AP 24 AB 0964. A perusal of the record reveals that on 25-08-2016 the tractor and trailer was intercepted by the officials of the 2nd respondent at Nalgonda alleging that the petitioner was transporting sand illegally in the trailer. The petitioner submitted a representation to the 2nd respondent on 26-08-2016.

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 petitioner dated 26-08-2016 for release of the tractor and trailer 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. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ T.SUNIL CHOWDARY, J DATED: 07-09-2016 Hsd