Disposed

Ravulapelli Lingareddy v. The State of Telangana

Telangana HC11 Jun 2021WP/13176/2021

Case brief

AI extract

What is this about?

The High Court did not directly order the release of the seized sand-laden trolley vehicle in this writ petition. Instead, it directed the petitioner to file an application with the jurisdictional Magistrate or the police station for release, mandating disposal within one week, referencing a previous policy and earlier court orders on the matter.

What did the court decide?

The petition was disposed of without an immediate release order; the petitioner was directed to approach the jurisdictional Magistrate or the second respondent to seek release of the vehicle by filing

Ravulapelli Lingareddy Vs The State… — Constitutional and Fundamental Rights | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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FRIDAY ,THE ELEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

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WRIT PETITION NO: 13176 OF 2021

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Between:

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Ravulapelli Lingareddy, S/o. Ravi, Aged 25 years, Occ- Famer, R/o. Kanagarthi Village,KonaraopetMandal,RajannaSircillaDistrict.

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...pETlTlONER

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AND

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'1 . The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad.

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2, The Station House Officer, Kothapally Police Station, Rajanna, Sircilla District

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The Tahsildar, Konaraopet ltrlandal, Konaraopet, Rajanna Sircilla 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 a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in seizing the petitioner vehicle bearing No. AP 15 AT 4429 and Number less sand loaded trolley, being illegal, arbitrary and violative of Articles 14,16,19(1)(g) of the Constitution of lndia apart from being violation of the principles of natural^justice and consequently direct the respondents to release the petitioner vehicle bearing No. AP 15 Af 4429 and Number less sand loaded trolley petitioner.

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lA NO: 1 OF 2021

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release the petitioner vehicle bearing No. AP^'1 5 AT 4429 and Number less sand loaded trolley to the petitioner, pending final disposal of the main Writ Petition.

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Counsel for the Petitioner : SRI ERIGI GANESH Counsel for the Respondent Nos.1 & 2: GP FOR HOME Counsel for the Respondent No.3: GP FOR REVENUE

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

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WRIT PETITIO N No. 13176 of2O2L

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ORDER:

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Aggrieved by the seizure oi the vehicle bearing No.AP15 AT 4429 and numberless sand loaded trolley belonging to the petitioner and consequently to direct the respondents to release the same in favour of the petitioner herein, the present writ petition is filed.

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Heard the learned counsel for the petitioner, the learned Government Pleader for Revenue and the learned Government Pleader for Home.

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The learned counsel for the petitioner states that the matter is squarely covered by the earlier order of this Court passed in W.P.No.S71l of 2020, dated 13.03.2020, and W.P.No.4086 of 2020, dated 26.02.2020, and the same is nor disputed by the respondents' counsel.

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Having regard to the same, the present writ petition is disposed of with a direction to the petitioner to approach the learned jurisdictional Magistrate before whom the vehicle will be produced and fi1e an application as per the procedure established by law and seek.release of the vehicle by brining it to the notice of the Court the Policy decision taken by the Government and the terms of G.O.Ms.No.15, Industries and Commerce (Mines-l) Department, dated 19.02.2015; and in the alternative, if the petitioner so desires, he can make an application before the respondent No.2 for release of the vehicle, if not already filed. On such application beirrg made by the petitioner, the second respondent shall pass appropriate orders in accordance rvith thc terms and conditions laid clown in C.O.Ms.No.15, dated

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WP Nc.13176 of 2021' AAR,J

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19 .O2.2015 , and release the vehicle. It is needless to me ntion that if any application is filed by the petitioner either before the concerned^{jurisdictional} Magistrate or the second respondent, they shall dispose of the same within a period of one week from the date of filing of such application for release of the vehicle, in the interest of .justice.

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The miscellaneous petitions pending, if any, shall stand

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closed. There shall be no order as to costs.

SD/. K.SAILESHI

ASSISTANT REGISTRAR

i/TRUE COPY//

SECTION OFFICER

To, 1. The Principal Secretary, Home Department, State of Telangana, Secretariat, Hyderabad.

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The Station House Officer, Kothapally Police Station,^Rajanna, Sircilla^District. 3. The Tahsildar, Konaraopet lvlandal, Konaraopet,^{Rajanna SircillaDistrict.}

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