Hanmanthu v. The State Of Telangana,

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.11102 OF 2016 ORDER:

This writ petition is filed for a mandamus to declare the action of respondents in not releasing the vehicles bearing Registration Nos.T.S.06EE 0190 and T.S.06EE 0188 of the 1st petitioner and the Tractor and Trailor bearing Registration No.AP 22 V 6446 and AP 22V 6447 of the 2nd petitioner as illegal and arbitrary. The petitioner pleaded that they are the owners of the above-mentioned vehicles, that on 26.03.2016, the said vehicles were seized. The petitioners further averred that as the alleged violation is of first instance, they are entitled to get the seized vehicles released by paying the prescribed penalty in terms of G.O.Ms.No.15, Industries and Commerce (Mines-I) Department, dated 19.02.2015 and that in spite of the representation, dated 31.03.2016, made to respondent No.

2 for release of the vehicles, no order has been passed thereon. Inasmuch as respondent No.2 is also authorised to release the seized vehicles in terms of G.O.Ms.No.15, dated 19.02.2015, I find it appropriate that the petitioner makes the application before him as he is the one who has seized the petitioners' vehicles and is evidently in custody of the same. Hence, the petitioners are permitted to make the applications to respondent No.2 for release of the seized vehicles. Within three days of receipt of such application, respondent No.2 shall consider, take appropriate decision thereon and communicate the same to the petitioners.

Subject to the above direction, the writ petition is disposed of. No order as to costs.

As a sequel to disposal of the writ petition, WP.M.Ps if any pending shall stand disposed of as infructuous.

______________________________ CHALLA KODANDA RAM, J Dated:06.04.2016 Gk HON'BLE SRI JUSTICE CHALLA KODANDA RAM

WRIT PETITION No.11102 OF 2016 Date:06.04.2016 Gk