Dismissed

Boini Praveen Kumar v. The State of Telangana

Telangana HC3 Dec 2024WP/33963/2024

Case brief

AI extract

What is this about?

High Court disposed of a writ petition challenging the seizure of vehicles. The bench directed petitioners to pay the required penalty and approach the jurisdictional Magistrate or concerned authorities for vehicle release in accordance with applicable government orders.

What did the court decide?

Petitioners directed to pay penalty and approach authorities for release of vehicles within specified timelines.

Boini Praveen Kumar Vs The State of Telangana — Property and Title | Telangana HC (2024)

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[³⁴⁰⁵¹

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE JUSTICE MOUSHUMI BHATTACHARYA

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WRIT PETITION NO: 33963 OF 2024

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Between:

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Boini Praveen Kumar, S/o. Boini Veeraiah, Aged about 27 years, Occ. Owner of the Tipper Vehicle B.No. TGO2T072O, Rlo. H.No.5-10/13, Renikunta, Thimmapur lvlandal, Karimnagar.

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Bollaveni Gopal, S/o. Narsimlu, Aged about 26^yearc, Occ. Owner of the JCB Vehicle B.No. AP158D0997, F/o. H.No.2-2lA, [\tlohinikunta, Moinkunta, Karimnagar.

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...PETITIONERS

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AND

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1 The State of Telangana, Rep. by its Principal Secretary, l\rlines and Geology Department, Secretariat Building, Telangana Secretariat, Hyderabad.

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2 The Station House Officer, PS LMD Colony, Karimnagar District.

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3 The Tahsildar, Thimmapur Mandal, Karimnagar District.

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4 The Assistant Director Mines and Minerals, Mines and Minerals Department, Karimnagar 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 maybe} pleased to issue an appropriate writ, order or direction more in the nature of Mandamus, declaring the action of the respondents in seizing^{TipperVehicle} bearing No. TG02TO720 of the Petitioner No.1 and JCB^{Vehicle bearingNo.} AP15BD0997 of the Petitioner No.2 without following any^{procedurelaid down} under policy decision taken by the^government and in terms of^{G.O.Ms.No.15,} lndustries and Commerce (Mines-l) Department, dated^{1910212015as being} illegal arbitrary and against the^principles of natural^{justiceand violative of} Articles 14, 16, 19 (1Xg), 21, 300-4 and 301 of Constitution^{of lndia and} consequently direct the respondents to release^{the Tipper Vehicle bearing No.}

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::7

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TG02T0720 of the Potitioner No.1 and JCB Vehicle bearing No. A,pi 5BD0997 of the Petitioner No.2, forthwith.

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lA NO: 1 OF 2024

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Petition under Section 15i cpc praying that in the circumstances stated in the affidavit filed ir support of the petition, the High court may be pleased to direct the respondents to release the Tipper Vehicle bearing No. TG02T0720 of the Petitioner No.1 and JCB Vehicle bearing No. Ap158D0997 ol the petitioner No.2, forthwith pendrng the disposal of the writ petition.

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Counsel for the Petitioner: SRI MADAS BHARATH CHANDRA

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Counsel forthe Respondent No.1 & 4: SRI K.GOUTHAM REDDY, AGP FOR MINES AND GEOLOGY

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Counsel for the Respondent No.2: SRI M.SRINIVAS, AGp FOR HOME

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Counsel for the Respondent No.3: M/s. T.SWETCHA, Gp FOR REVENUE

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The Court made the following: ORDER

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THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA

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WRIT PETITION No.3 3963 of 2o.24

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Mr Madas Bharath Chandra, learned counsel for the petitioners.

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Mr. K.Goutham Reddy, the rearned Assistant Government pleader for Mines appearing for the respondent Nos.1 and 4_

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Mr. M.Srinivas, learned Assistant Government pleader for Home appearing for the respondent No.2.

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Ms. T,Swetcha, learned counsel representing the learned Governmcnt Pleader for Revenue appearing for the responde.i N..S^"*

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ORDER

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Learned counsel appearing for the pelitioners as well as lhe learncd Assistan t Government pleader for Mines and Geology submit that the writ petition may be disposed of in terrns of the orders passed by the Co_ordinate tsenches in simila r factual circumstances.

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The Ilrst order placed before the Court was passed on 24.O3.2021 in W.p.No.7253 of 2O2l and the second order rvas passed on 13.03.2020 in W.p.No.5Ztl of 2O2O. The petirioners also rely on a third order da[ed 26.02.2020 in W.p.No.4Og6 of 2O2O. All the 3 orders involved the prayer for release of the vehicles by the respondent No.2. The co-ordinate Benches dirccted the petitioners therein to approach the jurisdictional Magistrate for hling appropriate applications for releasc of thc vehicles and rely on G.O.Ms.No.15, Industries and Commerce

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(Mines-I) De partment, dated 19.02.201S for rhat purpose. The petitioners thcrein u,ere also given liberty to make applicaLions before thc r:spondcnt No.2 lor release of the vehicleri and the responderlt l,io.2 r,".as at libcrty lo pass appropriate ordr:rs on the liling of such applications in terms of the said G.O.

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The k arned Assistant Government pleader for Mines submits thurt the pe titioners may also be called upon tl pay the stipulatcd pcnalty as per Clause l2(2) of G.O.Ms.No. l5 dated 19.O2.20r5

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Considcnng the submissions made, this Court deems it fit to direct thi petitioners to pay the required penalty before approaching the jurisdictional Magistrate or the rer;pondenl No.2.

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W.P.No 33963 of 2024 is accordingly disposed rf giving libertl, to tre petitioners to approach the jurislictional Magistratc a rd to make an application for release of the vehicles. The peLitioners shall also be at liberty to directly approach the respondent No.2 for release of thc vehicles. The Authorit_r. con te rned shall act in accordance with G.O.lVts.No.15 dated 19.O2.2015. The Authority concerned shall dispose of the applications fited by the petitioners within a week from ,he date of such applications being filed for release of the vehicr(rs. The

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petrtioners shall also deposit the required penalty before the Assistant Director of Mines and Geology concerned, within 7 day5 ft66 05.t2.2024.

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As submittecl by the learned Assistant (iovernment Pleader for Mines and Geology, petitioners in similar cases shall make the Assistant Director of Mines and Geologr concerned as a party to such leave applications.

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Miscellaneous Applications, if any, pending in this writ

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pctition stand closed. There shall be no order as to costs.

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//TRUE COPY//

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sD/- v.KAy|THA ASSTSTANT REGT9TRAR sEcfloN Arrr"=*

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To,

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The Principal Secretary, Mines and Geology Department, Secretariat Building, Telangana Secretariat, Hyderabad, State of Telangana.

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The Station House Officer, PS LMD Colony, Karimnagar District.

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The Tahsildar, Thimmapur Mandal, Karimnagar District.

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The Assistant Director Mines and Minerals, Mines and Minerals Department, Karimnagar District.

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One CC to SRI MADAS BHARATH CHANDRA, Advocate [OPUC]

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Two CCs to GP FOR MINES AND GEOLOGY, High Court for the State of Telangana at Hyderabad [OUTJ

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

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

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Two CD Copies

BSR

CC TODAY

HIGH COURT

DATED: 0311212024

ORDER

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WP.No.33963 of 2024

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DISPOSING OF THE WRIT PETITION,

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WITHOUT COSTS

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<br>

Boini Praveen Kumar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Boini Praveen Kumar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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