High Court for State of TelanganaWP/2868/2016disposed of no costs

S.Chinna Ramulu v. The State Of Telangana,

2016-02-01C.V.Nagarjuna Reddy2 pages

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2868 of 2016 Date:01.02.2016 Between:

S.Chinna Ramulu, S/o Narasimhulu and another.

..... Petitioners And:

The State of Telangana, reptd., by its Principal Secretary, Home Department, Hyderabad and three others.

.....Respondents Counsel for the Petitioners: Mr. V.Brahmaiah Chowdary Counsel for Respondent Nos.1 & 2: AGP for Home (TS) Counsel for Respondent No.3: AGP for Mines & Geology (TS) Counsel for Respondent No.4: AGP for Revenue (TS) The Court made the following:

ORDER:

This Writ Petition is filed for a Mandamus to declare the action of the respondents, in seizing the lorries bearing registration Nos.AP 16TU 7947 and AP21V 7974 belonging to the petitioners on the ground that the same were used for illegal transportation of sand, as illegal and arbitrary. The petitioners sought for a

consequential direction to the respondents to release the seized lorries.

The petitioners pleaded that they have made an application, dated 26.01.2016, to respondent No.2, who is the competent authority, for release of the seized vehicles. The petitioners' grievance is that no action has been taken by respondent No.2 on their application so far.

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 same.

Since the petitioners have already submitted an application for release of the seized vehicles before respondent No.2 on 26.01.2016, the latter is directed to consider the same, if received, and pass appropriate order thereon as per the aforementioned G.Os., within a period of one week from the date of receipt of this order. Subject to the above directions, the Writ Petition is disposed of.

As a sequel to disposal of the Writ Petition, W.P.M.P.No.3600 of 2016 shall stand disposed of as infructuous.

____________________________ JUSTICE C.V.NAGARJUNA REDDY 01st February, 2016 DR