Suppa Rajendar v. The State Of Telangana

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.24806 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus declaring the action of the respondents in seizing petitioner's Goods Carriage (Lorry) bearing No.AP 22 TA 2619 without following any procedure as envisaged in G.O.Ms.No.3, Industries and Commerce (Mines-I) Department, dated 08.01.2015 and G.O.Ms.No.15, dated 19.02.2015 issued by the Industries & Commerce (Mines-I) Department as being illegal, arbitrary, against the principles of natural justice and violative of Articles 14, 16, 19(1)(g), 21, 300-A and 301 of Constitution of India; and consequently to direct the respondents to release the above mentioned vehicle to the petitioner forthwith.

2. Heard the learned counsel for the petitioner, the learned Government Pleaders for Home, Revenue, and Mines and Geology (Telangana).

3. 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.

4. 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.

5. In view of the above, the second respondent is hereby directed to

consider the application of the petitioner dated 23.6.2016 for release of the vehicle and pass appropriate orders thereon in the light of the aforementioned G.Os within a period of three days from the date of receipt of a copy of this order.

6. 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 Date: 27.07.2016 YS