Saini Nageswar Rao v. The State Of Telangana

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.4025 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 petitioners' vehicles bearing Nos.1) AP 24TC 4655-AP24TC 4654 2) AP 24TC 3512-AP 24TC 3511 and 3) AP 24S 7561-TS 24TR 0188-Tractors and Trailers, 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 petitioners forthwith. It is represented by the learned counsel for the petitioners that in similar circumstances, this Court has disposed of W.P.No.3747 of 2015 today 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, the writ petition is disposed of directing the petitioners 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 applications, 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. 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 giving consent to produce the seized vehicle 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 23.02.2015 Note: issue CC by tomorrow.

B/o.t k.

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY

WRIT PETITION No.4025 OF 2015 Date: 23.02.2015 tk