Allowed

G.Narsimha v. The Assistant Director

Telangana HC24 Aug 2012WP/26166/2012

Case brief

AI extract

What is this about?

The High Court disposed of a Writ Petition questioning the seizure of two vehicles. It directed the release of the vehicles to the petitioners conditioned on producing official receipts for the penalty amount under the A.P. Minor Mineral Concession Rules, 1966, ownership documents, and an undertaking against illegal sand transportation.

What did the court decide?

Release of vehicles No. AP 24 TA 5445 and AP 29 TB 4688 subject to payment of penalty, submission of receipts and ownership documents, and an undertaking against illegal sand transport.

G.Narsimha Vs The Assistant Director — Property and Title | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE K.C.BHANU

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WRIT PETITION NO.26166 OF 2012

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ORDER:

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This Writ Petition is filed questioning the action of the respondents in seizing the vehicles bearing Nos.AP 24 TA 5445 and AP 29 TB 4688 of the petitioners.

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2. When the matter is taken up, it is submitted by the learned counsel for the petitioners that in similar circumstances, this Court disposed of W.P.No.29236 of 2010 on 23.11.2010 directing the respondents-authorities to release the seized vehicle subject to the petitioner therein producing the receipt showing payment of penalty amount along with the ownership documents. A copy of the said order is placed on record. Learned counsel for petitioners prays for disposal of this Writ Petition also with the same directions, for which, the learned Assistant Government Pleader for Mines and Geology, appearing for respondent No.1, reported no objection.

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3. In view of the above, the Writ Petition is disposed of with a direction to the respondents to release the vehicles bearing Nos.AP 24 TA 5445 and AP 29 TB 4688 to the petitioners subject to their producing official receipts showing payment of penalty amount as contemplated under the A.P. Minor Mineral Concession Rules, 1966, framed under the Mines and Minerals (Regulation and Development) Act, 1957, along with the ownership documents and also with a condition that the vehicles shall not be used for illegal transportation of sand and also other than the purpose for which permit was granted. The petitioners shall give an undertaking to the respondents that they shall not use the vehicles for illegal transportation of sand. No order as to costs.

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4. Miscellaneous petitions, if any, filed in this writ petition shall stand closed.

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______________________ JUSTICE K.C.BHANU

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Date:24.08.2012 Note:- Furnish C.C. within two days B/O AMD

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THE HON’BLE SRI JUSTICE K.C.BHANU

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WRIT PETITION NO.26166 OF 2012

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DATE:24.08.2012