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High Court for State of TelanganaWP/39242/2018disposed of no costs

A.Sai Prashanth v. The State Of Telangana

2018-11-05C.Praveen Kumar2 pages

HON'BLE SRI JUSTI CE C. PRAVEEN KUMAR WRIT PETITION No. 39242 of 2018 ORDER:

1) The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of the respondents in seizing the vehicles of the petitioners bearing Nos. TA 04 UA 2979 and TS 02 EP 6957 without following any procedure as contemplated under Section 9 Q sub Section 7 of Minor Mineral Concession Rules, as illegal, arbitrary and against the principles of natural justice.

2) At the time when the matter is taken up for hearing, the Government Pleader for Mines and Geology would submit that pursuant to the seizure of the vehicle a case in Crime No.398 of 2018 came to be registered for an offence punishable under Section 379 IPC and Section 21 (4) of Mines and Minerals Act and the seized vehicles were deposited before the Court concerned on 03.11.2018 along with the charge sheet. 3) In view of the orders passed by this Court earlier in W.P.No.31282 of 2018, learned counsel for the petitioners would submit that since the petitioners stand on the same footing as that of the petitioner in W.P.No.31282 of 2018, subject vehicles may be directed to be released on such terms

and conditions as prescribed in G.O.Ms.No.15, dated 19.02.2015.

4) It is to be noted here that in the instant case the vehicles were produced before the Court and they are now in the custody of the Court as the Court accepted the custody of the vehicles when produced before it.

5) Having regard to the facts and circumstances of the case and in view of the fact that the order passed earlier in W.P.No.31821 of 2018, the petitioners shall make an application before the concerned Court seeking release of the vehicles, after giving prior notice to the concerned Public Prosecutor, in which event the same shall be considered on the same day, in accordance with law.

6) Accordingly, the writ petition is disposed of.

Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs.

_________________________ JUSTICE C. PRAVEEN KUMAR 05.11.2018 Note: Issue C.C. tomorrow.

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