Dismissed

R. Buchaiah, v. The State of Telangana

Telangana HC15 Sept 2016WP/31043/2016

Case brief

AI extract

What is this about?

In this writ petition under Article 226, the Supreme Court directed the second respondent to consider the petitioner's application for the release of seized tractor and trailer within three weeks, in light of relevant Government Orders, and disposed of the petition.

What did the court decide?

The second respondent directed to consider the petitioner's application for release of seized vehicles within three weeks in light of specified Government Orders.

R. Buchaiah, Vs The State of Telangana — Service and Employment | Telangana HC (2016)

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HON’BLE SRI JUSTICE T.SUNIL CHOWDARY

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WRIT PETITION No.31043 OF 2016

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ORDER:

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This writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus declaring the action of the respondents in seizing petitioner’s Tractor bearing No.AP 24 TC 0275 and Trailer bearing No.AP 24 TC 0274 as being illegal and arbitrary; and consequently direct the respondents to release the above mentioned vehicles to the petitioner.

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Heard Sri Ch.Ravinder, learned counsel for the petitioner, the learned Government Pleader for Home (Telangana), representing the second respondent, the learned Government Pleader for Revenue (Telangana), representing the third respondent and the learned Government Pleader for Mines and Geology (Telangana), representing the first respondent.

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The petitioner claims that he is the owner of tractor and trailer bearing Nos. AP 24 TC 0275 & AP 24 TC 0274. A perusal of the record reveals that the second respondent intercepted the tractor and trailer of the petitioner on 12.08.2016, alleging that the petitioner was transporting the sand illegally in the vehicles. A perusal of the record reveals that the petitioner herein submitted a representation to the second respondent on 19.08.2016 with a request to release the vehicles.

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At the time of arguments, learned counsel for the petitioner submitted that the issue involved in this writ petition is squarely covered by the decision of this Court in Writ Petition No.39888 of

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2015 dated 09.12.2015 and W.P.No.26078 of 2016 dated 04.08.2016 and that a large number of similar and identical cases have been disposed of directing the authorities to release the seized vehicles in terms of 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.

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While concurring with the aforesaid submissions made by the learned counsel for the petitioner, the learned Government Pleaders would submit that this writ petition may be disposed of in similar lines to the order of this Court in writ petition No.39888 of 2015.

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In view of the above, the second respondent is hereby directed to consider the application of the petitioner dated 19.08.2016 for release of the tractor and trailer and pass appropriate orders thereon in the light of the aforementioned G.Os within a period of three weeks from the date of receipt of a copy of this order.

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With the above direction, the writ petition is disposed of. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

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______________________ T.SUNIL CHOWDARY, J 15.09.2016 Rns

R. Buchaiah, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

R. Buchaiah, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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