Byagari Krishna S/O B. Samanna v. The State Of Telangana,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 17677 OF 2016 O R D E R :

This Writ Petition has been filed seeking a mandamus for declaring the action of the respondents in not releasing the vehicle bearing Registration No. AP 28 TC 8168 despite paying the fine amount of Rs.25,000/-, as illegal and arbitrary. Consequently, the petitioner seeks a direction to Respondents 2 and 3 to release the abovesaid vehicle forthwith.

The petitioner claims to be the owner of the aforementioned vehicle. According to him, while transporting the sand, the said vehicle was seized on 20.04.2016 by the 2nd respondent. His grievance is that in spite of paying Rs.25,000/- as penalty, in terms of G.O. Ms. No. 15, Industries & Commerce (Mines-I) Department, dated 19.02.2015, Respondents 2 and 3 have not released the custody of the vehicle so far.

Heard learned counsel for the petitioner and learned Government Pleaders for Transport, Home and Mines (Telangana). As is evident from the letter dated 09.05.2016 addressed by the Assistant Director of Mines & Geology (Vigilance), Jadcherla to the Station House Officer, Gadwal Town Police Station, the petitioner has paid Rs.25,000/- as penalty vide challan No. 1141, dated 09.05.2016, a copy of which has also been annexed to the affidavit filed in support of the Writ Petition.

In that view of the matter, Respondents 2 and 3 are directed to release the custody of the vehicle detailed above in favour of the petitioner forthwith.

The Writ Petition stands disposed of with this order. No costs. Consequently, the miscellaneous Applications, if any shall also stand disposed of.

------------------------------------ CHALLA KODANDA RAM, J 07th June 2016

Issue CC in three days.

ksld