Disposed

Sri Pallapu sanjiv v. The State of Telangana

Telangana HC16 Jun 2021WP/13472/2021

Case brief

AI extract

What is this about?

The High Court summarily disposed of a writ petition challenging the seizure of a petitioner's tractor and trailer. The court directed the petitioner to approach the jurisdictional Magistrate or the relevant State Government authority to seek the vehicle's release in accordance with established Government Orders, rather than adjudicating the legality of the seizure itself.

What did the court decide?

The petitioner is directed to approach the jurisdictional Magistrate or Respondent No.2 to seek release of the vehicle and get the application disposed of within one week.

Sri Pallapu sanjiv Vs The State of Telangana — Property and Title | Telangana HC (2021)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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WEDNESDAY ,THE SIXTEENTH 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: 13472 OF 2021

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Between

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Sri Pallapu sanjiv, S/O. Pallapu Subbaiah Occ-Owner of Tractor^{No. AP 25} AG2302 and Trailer No.AP 36W0353 Rl/o.H.No.7-6,Nanganoor, Village and Mandal, Siddipet District. Previous Trailer No.AP 36W0353 owner^{is Sri Pallapu.} Shankaraiah

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...PETrroNER

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AND

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The State of Telangana, rep.by its Principal Secretary,^{Mines andGeology} Department, Secretariat, BRK. Bhavan, Hyderabad.

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The Station House officer, Siddipet lll Town, Sidclipeta^District.

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The Tahsildar, Sidipet, Mandal, Siddipet District

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...RESPONDENTS

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Petition under Article 226 ol ihe Constitution of^{lndia prayingthat in the} circumstances stated in the affidavit filed therewith,^{the High Court may be pleasedto} issue a writ or order more^particularly one in the nature of writ^{of mandamus declaring} the action of the respondents in seizing the^{petitioner vehicle bearing No AP 36} W 0265 and Trailer No.AP36 W 0353 of the^{petitioner without fallowingany} procedure as envisaged under Government order vide G.O.Ms No,3 dated 0810112015 industries and Commerce^{(Mines) Departmentand GO MS No,15 dated} 191212015 as illegal, arbitrary, high handiness and^{against the principle of natural} justice and violative of Article 14,16,19(1), 21, 300A and 301of the Constitution of lndia and consequential directions to the respondents to^{give interim custody and} release the petitioner vehicle (Tractor ) bearing No. AP 25^A G^{2302 andTrailer} No. AP 36 W 0353 to the^petitioner forthwith.

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lA NO:^'f 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 directthe} 2nd respondent to give interim custody and release the^{petitionervehicle(Tractor)} hearing no AP 25 A G 2302 and Trailer No. AP 36 W 0353 to the^{petitioner forthwith.}

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Counsel for the Petitioner : SRI MOHD. ANWAR^ALI

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Counsel for the Respondent No.1 : GP FOR MINES AND GEOLOGY Counsel for the Respondent No.2: GP FOR HOME Counsel for the Respondent No.3: GP FOR REVENUE

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The Court at the stage of admission made the following: ORDER

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THE HON'BLE SRI JUSTICE^{A.ABHISHEKREDDY}

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WRIT PETITI ON No.73472^{of 2021'}

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RDER:

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This Writ Petition is filed seeking^{the followingrelief:}

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" ..... to issue Wit, Order or Direction especially one in^the nature of Wil of Mandamus^{declaing theseizureof the} petitioner's Tractor €t Trailer^{bearingNos.AP36W 0265 and} AP36W 0j53 of the petitionff^toithout follotoing^{ony due} procedure as enuisaged under^{C.O.Ms No.j, dated} 08.01.2301.5, lndusties snd^{Comnterce(Mines)} Department, and GO Ms. N0.15^{dt. 19.02.2015, as illegal,} arbitrary, high hnndedness nnd ngainst^{the pinciples of} natural^justice and ttiolatiae^{of Articles14, 16, 19(1)' 21'} 30OA and 301 of the Constitution^{of lndin nnd consequential} directions to the respondents to giue^{interimcastody antl} release tlrc petitioner's Tractor^{and TrailerbearingNos.} AP36W 0265 nnd AP36W 0353 to^{the petitioner} fortlnoith and pass such other order or^{ordersns this Hon'bleCourt} may deem ft,^just and proper in^{the interestof justice."}

¶26

Heard the learned counsel for the^{petitioner,the learned} Government Pleader for Mines^and Geology,^{and the learned Government} Pleader for Home.

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.The learned counsel for^{the petitionerstatesthat the matter is} squarely covered by the earlier orders^{of this Courtpassed in W.P.No.5602} of 2020, dated 12.03.2020, and^{W.P.No.4086of 2020, dated 26.02.2020,and} the same is not disputed by the learned^{GovernmentPleaders.}

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Having regard to the same, the^{present writ petition is disposedof} with a direction to the petitioner to^{approach the learned jurisdictional} Magistrate before whom the^{vehicles will be produced and file an} application as per the^{procedureestablishedby law and seek releaseof the} vehicles by brining it to the^{noticeof the Court the Policy decision taken}

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t ;

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by the Government and the terms of G.O.Ms.No.1.5, 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 being made by the petitioner, the respondent No.2 shall pass appropriate orders in accordance with the terms and conditions laid down in G.O.Ms.No.l5, dated 19.02.201,5, and release the vehicles. It is needless to mention that if any application is filed by the petitioner either before the concerned jurisdictional Magistrate or the respondent No.2, 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 ofjustice.

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

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There shall be no order as to costs.

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SO/.N.CHANDRA SEKHAR RAO ASSISTANT REGISTRAR //TRUE COPY// ( rir SECTION OFFICER

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To,

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The Principal Secretary, lt4ines and Geology Department, State of Telangana, Secretariat, BRK. Bhavan, Hyderabad.

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The Station House officer, Siddipet lll Town, Siddipeta District.

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The Tahsildar, Sidipet, [Vlandal, Siddipet District 4. One CC to Sri Mohd. Anwar Ali, Advocate [OPUC]

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Two CCs to GP for Mines and Geology, High Court for the State of Telangana. lourl

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Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad. touTl

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Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT]

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Two CD Copies

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One Spare Copy

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(A long with a copy of order dt:121031202O in W.P.No.5602 of 2020 and W.P.4086 of 2020 dl 26.02.2020)

sll-l {r

HIGH COURT

DATED:16/06/202'l

ORDER

WP.No.13472 of 2021

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DISPOSING OF THE WP AT THE STAGE OF ADMISSION WITHOUT COSTS @X"'

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HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

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W.P.No.5602 of 2020

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ORDER

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When the matter is taken up for hearing, learned counsel on either side faidy concede that the issue involved in this writ petition is squarely covered by the order dated 26.02.2020 passed by this Court in W.P.No.4086 of 2020.

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Following the order dated 26.02.2020 in W.P.No.4086 of 2020, this Writ Petition is disposed of. The petitioner is at liberty to approach either the learned iurisdictional Magisrate before whom the vehicle may have been produced and^file application as per the procedure established by law^{and seek} release of the vehicle by brining to the^notice of^{the Court the} policy decision taken by the Government^{and the termsof the} G.O.Ms.No.l5, Industries and Commerce^(Mines-I) Department, dated79.02.2015, if^the petitioner^{so desirel or in} the alternative he may make a^{request to the 2"d respondent bv} filing appropriate application for^release of^{the vehicle, if not} already filed and not received by^{the !"a respondent; and ifany} such application is filed before^{the 2"d respondent,the 2"d} respondent is at liberry to pass appropriate^{orders as per terms} of G.O.Ms.No.15, dated^{19.02.2075, after examining the} competence and^jurisdiction to^{releasethe vehicle; if same}

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rvas produced before the Court concerned. [t is needless to

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state that the application, if any, filed by the petitioner before either the Court or the 2"a respondent, shall be disposed of within three days from the date of filing in the interest of iustice.^{No costs.}

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Pending rniscellaneous petitions, if any, shall stand closed.

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JUSTICE^ABHINAND KUMAR SHAVILI Date: 12.3.2020 rkk

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Note: Registry.o anncx copy oftlE oder d'cd 26.2.2020 i t1 lY. P. Nol 086 of 2020.

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¶63

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.4086 of2O20

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ORDER:

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This writ petition is filed for the following relief;

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"to issue an appropriate writ, order or direction more in the nature of Mandaizus declaring the action of the respondents in seizing the Tractor & Trailer bearing Nos.TS 34 T 0745,, TS 34 T 0747, TS 348 4210 & TS 34T 8363, without following any procedure under statutes contemplated under Section 9e sub Section 7 of Minor Mineral Concession Rules belonging to the petitioner as being illegal, arbihary and against the p.rinciples of natural justice and violative of Articles ta, 16 l9(1)(g),21,300A and 301 of Constitution of India and consequently direct the respondents to release the Tractor & Trailer bearing Nos. .TS 34 T 0745, TS 34 T 0747, TS 348 4210 & TS 34T 8363 of the petitioners forlhwith, and pass such other order or orders as are deemed fit and proper'."

¶67

Heard learned counsel for the petitioners who submits that the /rs in the writ petition is squarely covered by order dated 04.07 .2019 passed by this Court in WP.No.13559 of 2019.

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The same is not disputed by the respondents.

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In view of the same and for the reasons alike in the said order daled 04.07.2019 in WP.No.13559 of 2019, this writ petition is also disposed of in terms thereof and the petitioners are at libefty to approach either the learned jurisdictional Magistrate before whom the vehicles rnay have been produced and file application as per the procedure established by law and seek release of the vehicles by bringing to the notice of the

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Couft the policy decision taken by^{the Government and the termsof the} G.O.Ms.No.15, Industries and^{Commerce(Mines-l)Department,dated} 19.02.2015, if the petitioners so^{desire;or in the alternative theymay} make a request to the 2nd respondent^{by filing appropriateapplicationfor} release of vehicles, if not already^{fi1ed and not received by the 2'd} respondent; and ifany such application^{is filedbefore the 2nd respondent,} the 2nd respondent is at liberty to^{passappropriate ordersas per termsof} G.O.Ms.No.15, dated 19.02.2015,^{after examining the competenceand} jurisdiction to release the vehicles, if same were produce{ before the Court concemed. It is needless to state^{that the application,if any, filed} by the petitioners before either the Court^{or the 2nd respondent,shallbe} disposed of within three days from the date of filing^{in the interestof} justice. No order as to costs.

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As a sequel thereto, miscellaneous petitions, if any^pending, in this writ petition sha11 stand closed.

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A.RAJASHEKER REDDY, J

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26.02.2020 tk

Sri Pallapu sanjiv v. The State of Telangana

Case brief

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Sri Pallapu sanjiv v. The State of Telangana

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