Disposed

M.Swamy v. The State of Telangana and 2 others

Telangana HC1 Jun 2020WP/7346/2020

Case brief

AI extract

What is this about?

Special Bench of Single Judge, Telangana High Court disposed of a writ petition challenging the seizure of the petitioner's vehicles for breach of mineral rules. The Court directed the petitioner to approach the jurisdictional Magistrate or Respondent No.2 for release under G.O.Ms.No.15 dated 19.02.2015.

What did the court decide?

Directed the petitioner to approach the jurisdictional Magistrate or Respondent No.2 for vehicle release under G.O.Ms.No.15 dated 19.02.2015.

M.Swamy Vs The State of Telangana and 2 others — Property and Title | Telangana HC (2020)

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HIGH COURT FOR THE STATE OF TELANGANA (Spe_cial Original Jurisdiction)

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WEDNESDAY, THE THIRD DAY OF JUNE TWO THOUSAND AND TWENTY

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PRESENT

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THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY

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WRIT PETITION NO: 7346 OF 2020

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Betwee n :

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It/.Swamy, S/o. Kistaiah, aged about 30years, owner of Tipper bearing Regd. No.TS 07UB 8288 and JCB bearing No. T536 F3010, rio. H.No.'1-59/3, Singaram village HAI Tipparam, Kondapak Siddipet District.

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...PETITIONER

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AND

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The State of Telangana, rep. by its Principal Secretary, Mines and Geology Department, Secretariat Buildings, Hyderabad

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The Station House Officer, Kukunoorpally Police Station, Siddipet District.

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The Tahsildar, Kondapak Mandal, Siddipet District.

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...RESPONDENTS

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Petition under Article 226 of the 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 Tipper bearing Regd. No.TS 07UB 82BB & JCB bearing No. T536F 3010 of the^petitioner without following any procedure under statutes contemplated under Section 9Q sub Section 7 of tr,4inor Mineral Concession Rules belonging to the^petitioner as being illegal, arbitrary and against the^principles of natural^justice and violative of Articles^{14, 16, 19 (1Xg),2t,} 300-A and 30'l of Constitution of lndia and consequently direct the respondents^to release the Tipper bearing Regd. No.TS 07UB 8288 & JCB bearing^{No. T536F 3010} of the petitioner forthwith.

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lA NO: 1 OF 2020

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Petition under Section 151 CPC^praying that^{in the circumstancesstated in} the affidavit filed in support of the^petition, the^{High Court may be pleased to direct} the respondents to release the^{petitionerTipper bearing Regd, No.TS 07UB 82BB&} JCB bearing No. T536F 3010^pending the disposal of the^{aboveWritPetition.} Counsel for the Petitioner: SRl. V. BRAHMAIAH^CHOWDARY

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Counsel forthe Respondent No.1: GP FOR^{MINESAND GEOLOGY}

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Counsel for the Respondent No.2: GP FOR^HOME

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Counsel for the Respondent No.3: GP FOR^REVENUE

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The Court made the following: ORDER

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This Writ Petiti,)n is filed seeking the lollowing relief

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" ..... declaring the action of the respondents in seizing the Tipper bearing Regd.No.TS 07UB 8288 & JCB bearing No.TS36F 30lO of he peritioner without follo.ving any procedure under statutes contemDlated under Section 9Q st b Section 7 of Minor Mineral Concession }lules lrelonging to the petitioner as being illegal, arbitrary and against the principles of natural jus:ice and violative of Articles 14, 16, 19 (t) (p,), 21,300-4 and 301 of Const tLrtion of India and consequently direct the r€,s:)ondents to release the^'l ipper bearing Regd. No. TS 07UB 8288 & JCB bearing No.TS36F 30 0 of the petitioner forthwith, and pass surh ctlrer order or orders as are Ceemed fit and proper"

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Heard the learned counsel for the petitioner and th: lea:ned Government Pleader for Revenue €rnd the learned Government Pleader lor Home.

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The learned counsel for the petitioner states that the nratter is squarely covered by the earlier order of this Court passed in W.P.No.55t)2 of 2O2O, dated 12.03.2O2O, and W.F.No.4O86 of 2O2O, dated 26.O2.202Cr, anrl the same is not disputed by the respr,ndents' counsel.

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Having regard o the same, the present writ petition is cisposed of u,ith a direction to the petitioner to approach the learned jurisd:ctional Magistrate before whom the velLicles will be produced and file an appli,:ation as per the procedure establishe,l by lall, and seek release of the vehi-le bv brinlng it lo the notice oI the Court tlre Policy decision taken bv the Governnre ,, u.,"0 the terms ol G.O.Ms.No.15, lrrdustries and Commerce (Mines-l) De partment, clated \9.02.2015; and in t're alternative, if the petitioner so desires, he can make an application before th: respondent No.2 for release of the vehi,:le, if not already filed. On such appli(ation being made by the petitioner, the sr:cond respondent shall pass approprial e orders in accordance with the terrns and conditions laid down in G.O.Ms.No.15, dated 19.02.2015, and releas,e the vehicle. It is needless to mention that if any application is fi1ed by the petitioner cither before the concernec^{jurisdictional} Magistrate or the ser:ond respondent, thelr shall dispose ol the r;ame within a period of one week from ttLe date of filing ol such application forelease of the vehicle, in the interest of^j--rstice.

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The miscellaneous petitions pending, if any, shall stand closed. There

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shall be no order as to costs.

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Sd/- SRI JUSTICE A. ABHISHEK REDDY

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//TRUE COPY' Ct*^ylr

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REGISTRAR (JUDICIAL) q

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SECTION OFFICER