Thota Anjaneyulu v. The State Of Telangana
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(SPecial Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENW FOUR PRESENT THE HONOURABLE JUST]CE MOUSHUMI BHATTACHARYA WRIT PETITION NO:369540F 2024 Between:
Thota Anianeyulu, S/o. Mallaiah, aged about 25 years'.Occ' owner of Tractor No' TS or-uo"dirr';n-d trailer il;.'ic'r2 i qqaq^nro"H No'4-43' Garrepalli villase' Srftt'inaOaO tvtandal, Peddapalli District- 505 186 ...PETITIONER AND The State of Telanqana, rep. by its Prirrcipal Secretary' Mines and Geology Department, Secretariat Buildings, Hyderabad' The Station House Officer' Choppadandi P'S, Choppadandi mandal' Karimnagar District.
The Tahsildar, Choppadandi Mandal, Karimnagar District' The Assistant Director of Mines and Geology, Karimnagar at Karimnagar District.
...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue an appropriate writ, order or direction more in the nature of Mandamus, declaring the action of the respondents in seizing the Tractor No' TS 02UDS422andTrailerNo.TG22T0SS0ofthePetitioner,withoutfollowingany procedure under statutes contemplated under Section 9Q Sub Section 7 of Minor MineralConcessionRulesbelongingtomeasbeingillegal,arbitraryandagainst the principles of natural justice and violative of Articles 14' 16' 19 (g)' 21' 300-A and 301 of constitution of lndia and consequently direct the respondents to release the Tractor No. TS 02 IJD 5422 and Trailer No TG 22 T 0880 of the Petitioner.
IA NO: 10F 2024 Petition under Section 151 CpC praying that in the ci the affidavit filed in support of the petition, the High Cou direct the respondents to release the vehicles Tractor No. rcums tances stated in rt mar/ be pleased to TS 02 UD 5422 and Trailer No. TG 22 1'0880 of the Petitioner forthwith pending the disposal of the above WP Counset for the petitioner: SRt T.LAKSHMI NARAYANA Counsel for the Respondents No.1&4 : SRl K.GOUTHAM REDDY, AGP FOR MINES AND GEOLOGY Counsel for the Respondents No.2 : SRI M.SRINIVAS, AGp FOR HOME Counsel for the Respondents No.3 : Ms.SWETCHA, Gp FOR REVI:NUE The Court made the following: ORDER
THE HOI{'BLE JUSTICE MOUSHUMI BHATTACHARYA WRIT PETITION No.36954 of2O24 Mr- T. Lakshmi Narayana, learned counsel for the petitioner' Mr. K-Goutham Reddy, the learned Assistant Government Pleader for Mines appearing for the respondent Nos- 1 and 4'
Mr.M.Srinivas,learnedAssistantGovernflrentPleaderforHomeappearing for the respondent No.2.
Ms. T.Swetcha, learned counsel representing the learned Government Pleader for Revenue appearing for the respondent No 3' ORDER:
l,earned counsel appearing for the petitioner as well as the learned Assistant Government Pleader for Mines submit that the writ petition may be disposed of in terms of the orders passed by the Co-ordinate Benches in similar factual circumstances 2.
The hrst order placed before the Court was passed on 24.03.2021 in W.P.No.7253 of 2O2L and the second order was passed on 13.O3'2020 in W.P.No.S7ll of 2O2O ' The petitioner also relies on a third order dated 26.02 '2O2O in W'P'No'4O86 of 2O2O. All the three orders involved the prayer for release of the vehicles by the respondent No'2' The Co-ordinate Benches directed the petitioners therein to approach the jurisdictional Magistrate for hiing appropriate applications for release of the vehicles and rely on G.O.Ms.No.15, Industries ald Commerce
(Mines-I) Department, dated 19.02.2O15 for that purposr,. The petitioners therein were also given liberty to make applicrrtions before the respondent No.2 therein for release of the vehicles and the respondent No.2 was at liberty to pass appropriate orciers on the filing of such applications in terms of th<: said G.O.
3.
The learned Assistant Government Pleader for lvlines submits that the petitioner may also be called upon to p€y the stipulated penalty as per Clause 12(21 of G.O.Ms.No.15, Cated t9.o2.2015 4.
Considering the submissions made, this Court deemr; it fit to direct the petitioner to pay the required penalty before approaching the jurisdictional Magistrate or the respo;rdent No.2.
5.
W.P.No.36954 of 2024 is accordingly disposed of lfving liberty to the petitioner to approach the jurisdictional Magir;trate and to make al application for release of the vehicle. The petitioner shall also be at libert5r to directly approac]L the respondent No.2 for release of the vehicle. The Authorit5r concerned shall act in accordance with G.O.Ms.No. 15, ,lated 19 .O2.2O15. The Authority concerned shall dispose o.- the application filed by the petitioner within a week from the drrte of
such application being filed for release of the vehicle' The petitioner shall also deposit the required penalty before the Assistant Director of Mines and Geolory concerned, within 7 days from 07 .O1.2025'
6.
Since the Tax validity of the said vehicle has expired long back, the transport authorities shall verify this issue before release of the vehicle. The transport authorities shall also verify the Registration number of the vehicle in question and be at liberty to impose the penalty if there is any violation in this regard.
7 .
As submitted by the learned Assistant Government Pleader for Mines and Geolory, petitioners in similar cases shall make the Assistant Director of Mines and Geolory concerned as a party to such leave applications'
8.
Miscellaneous Applications' if dny' pending in this writ petition stand closed There shall be no order as to costs sD/-P.PADMANABHA REDDY RAR ASSISTANT EGIST //TRUE COPY// SE loN OFFICER To, The Princioal Secretary, Mines and Geology Department' State of Telangana' $Ai;;;i Br',ldings, HYderabad'
TheStationHouseofficer,ChoppadandiP.S,Choppadandimandal, Karimnagar District'
District.
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3. The Tahsildar, Choppadandi Mandal' Karimnagar District'
4. The Assistant Director of Mines and Geology' Karimnagar at Karimnagar
5. One CC to SRt T.LAKSHM| NARAYANA, Advocate. tOpUCI
6. Two CCs to Gp FOR ,MINES AND GEOLOGy, High Court for lhe State of Telangana. [OtJT] ' I}o""?r"o?ll ,[Prio* HoME' Hish court ror the state or reran(lana at ' Iy8":r"r:l: E?rio* REVENUE, Hish court ror the state or re ransana at
9. Two CD Copies.
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HIGH COURT DATED:31 11212024 , I E STAT€ c A ( 0 7 jAtt ?i2:i ?
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ORDER
WP.No.36954 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS lp