Telangana High Court
WP/42862/2015 of Vadde Bala Swamy Vs The State of Telangana rep.by its Principal Secretary to on 31 December 2015
SRI JUSTICE M. SEETHARAMA MURTI Writ Petition No.42862 of 2015 O R D E R : This Writ Petition is filed for a mandamus to declare the action of the respondents in seizing the petitioner’s vehicles bearing nos.AP 24 TC 0135 and TS 06 UA 0189 - Goods Carriages (Lorries) as illegal
THE HON’BLE SRI JUSTICE M. SEETHARAMA MURTIWrit Petition No.42862 of 2015
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O R D E R :
This Writ Petition is filed for a mandamus to declare the action ofthe respondents in seizing the petitioner’s vehicles bearing nos.AP 24TC 0135 and TS 06 UA 0189 - Goods Carriages (Lorries) as illegaland arbitrary and consequently direct the respondents to release theseized vehicles.
2. I have heard the submissions of the learned counsel for thepetitioners and the learned Additional Government Pleader for Home(TG) appearing for the 2[nd] respondent. I have perused the materialrecord.
3. The writ petitioners in the affidavit filed in support of the petitionsubmit that their vehicles bearing nos.AP 24 TC 0135 and TS 06 UA0189 - Goods Carriages (Lorries) were seized and that the saidseizure on the ground that they were transporting loads of sand withoutpermits from the authority concerned is illegal, arbitrary and highhanded and that the 2[nd] respondent is not receiving and consideringtheir representations for the release of the vehicles and that the saidaction of the 2[nd] respondent is contrary to law and against theprinciples of natural justice.
4. At the hearing, the learned counsel for both the parties submittedthat as per G.O.Ms.No.3, Industries and 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, the2[nd] respodnent, who is stated to have seized the vehicles, iscompetent to release the same. In view of the same, it is appropriatethat the 2[nd] respondent considers the release of the said seizedvehicles to the petitioners. Hence, the petitioners are directed to submit fresh representations to the 2[nd] respondent within three (3)days from the date of the receipt of a copy of this order; and on receiptof such representations from the petitioners, the 2[nd] respondent isdirected to consider the same as per the terms of the aforementionedGOs and pass appropriate orders for release of the seized vehicleswithin a period of three (03) days from the date of receipt of therepresentations from the petitioners.
5. Subject to the above observations, the Writ Petition is disposedof. No costs.of. No costs.
Miscellaneous petitions pending, if any, in this writ petition shallstand closed.
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M.Seetharama Murti, J
Dt: 31[st] December, 2015 Vjl