Gariganti Mallikarjun v. The State Of Telangana, Rep. By Its Principal Secretary,

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2784 of 2016 Date:01.02.2016 Between:

Gariganti Mallikarjun, S/o Allaiah and three others.

..... Petitioners And:

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

.....Respondents Counsel for the Petitioners: Mr. P.L.Rao Counsel for Respondent Nos.1 & 2: AGP for Home (TS) Counsel for Respondent No.3: AGP for Revenue (TS) The Court made the following:

ORDER:

This Writ Petition is filed for a Mandamus to declare the action of respondent No.2 in seizing the tractors and trailors bearing registration Nos.TS-02-EE5645 & TS-02-UA-2633, AP-36-P-9752 & AP-36-P-9753, AP-15-AE-9106 & AP-15-AE-9107 and TS-02-J-TR-5512 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 tractors and trailors. 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 not submitted an application for release of the seized vehicles before respondent No.2, they are permitted to make an application to respondent No.2, and the latter is directed to consider the same 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.3482 of 2016 shall stand disposed of as infructuous.

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