Dommati Srinivas, v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.2267 of 2017 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: "to declare the action of the respondents in seizing the tractor No.TS-02EG-8669 along with trailer belonging to the petitioner, as illegal and arbitrary and violative of Articles 19(1)(g) and 21 of the Constitution of India, consequently direct the respondents to release the tractor No.TS-02EG-8669 along with trailer belonging to the petitioner."

The petitioner pleaded that on 09.01.2017, respondent No.2 has seized the aforementioned vehicle on the allegation that it was used for illegal transportation of sand. At the hearing, it is submitted by the learned counsel for both parties that as per G.O.Ms.No.3, Industries & 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, respondent No.2, who is stated to have seized the vehicle, is competent to release the seized vehicle.

In view of the above noted facts, it is open to the petitioner herein to file an application before the 2nd respondent to release the said vehicle. If any such application is made, the said respondent shall consider the

same and pass appropriate orders as per the aforementioned G.Os. for release of the seized vehicle within a period of three days from the date of receipt of a copy of this order. As a sequel, the miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs. ___________________ A.V. SESHA SAI, J 24th January, 2017 ssp