Bandari Narsing Rao v. The State Of Telangana Rep.By Its Principal Secretary To

HON'BLE SRI JUSTICE S.V. BHATT W.P.No.6577 of 2015 ORDER:

This petition is filed for writ of Mandamus declaring the action of the respondents 4 and 5 in seizing the petitioner's vehicle i.e., Goods Carriage bearing No.AP 28 TE 6993, without following any procedure under Section 9Q, Sub-Section 7 of the A.P.Minor Mineral Concession Rules 1966, as illegal, arbitrary and against the principles of natural justice and for a consequential direction to the respondents to give interim custody of the said vehicle to the petitioner forthwith.

Heard learned counsel for the petitioner and the learned Government Pleader for Panchayat Raj (Telangana) and learned Assistant Government Pleader for Home.

Learned counsel appearing for the parties submit that the issue in this writ petition is substantially covered by the order of this Court in a batch of writ petitions. For illustration, a copy of order dated 25.02.2015 in W.P.No.4068 of 2015 is referred to. In view of the said representation and following the said judgment, the writ petition is disposed of directing the petitioner to submit an application for release of the vehicle before the competent authority and the competent authority, within three days from the date of receipt of such application, examine whether the vehicle is used in committing the offence for the first and second time; and if so, consider directing release of the vehicle on payment of the prescribed penalty. If, on the other hand, the vehicle is found to have been used in commission of the offence, for three or more times, the officer concerned shall consider directing release of the vehicle after deposit of amount in accordance with Rule-12 of GO.Ms.No.15, dated 19.02.2015 and also on execution of bond along with an affidavit giving consent to

produce the seized vehicle as and when required. Accordingly, the writ petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. ______________ S.V. BHATT, J Date: 13.03.2015 KLP