Writ petition disposed of with liberty to petitioner to approach jurisdictional Magistrate or Respondent No.2 for release of seized vehicles upon payment of stipulated penalty and compliance with G.O. conditions.
Liberty granted to approach Magistrate/Respondent for vehicle release upon penalty payment.
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[3405 ]
HIGH COURT FOR THE S. AT HYDE;fJiOFTELANGANA lupecial Original Jurisdiction)
FRIDAY, THE THIRTEENTI rw'o ilci usi i61.,,i B ffiI f,i"o..o"r.yt. *
PRESENT
THE HONOURABLE JUSTICE MOUSHUMI BHATTACHARYA
WRIT PETITION NO: 35180 OF 2024
Betvyeen:
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AND ...PET!T!oNERS
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petition under A(icte 226 of theConstitution of rndia J::T]::T: circumstances stated in the affidavit filed therew pteased to issue an appropriate writ, order ",. o,.tln"l"r;::rT:-#l:; Mandamus' decraring the action of the respondents in seizing the Tractor No.Ap 36 AY 5390 and Trailer t\ Jo'TS 22 T 8757 of the petitioner without forrowing any procedure under statutes templated under Section 9e Sub Section 7 of Minor Mineral Concession Rules ,1,; th e p ri ncip res or nut,," r j,.tbi""joj;inffi: :: ffi: J ff A and 301 of Constitution :rn.ll il.,;:U: ;",,",,il; :^" ;,*;;; :: li' #X :tr ffi ::,_:T:, :: ; U: :;:
lA NO: 1 OF 2024
Petition under Section 151 CPCprayingthatin the circumstances statedin the affidavit filed in support of thepetition, theHighCourt may be pleased to direct the respondents to retease the vehiclesTractor No. AP 36 AY 5390 and Trailer No. TS 22 T B757of the 1stpetitioner forthwithpending the disposal of the above WP.
Counsel for the Petitioner: SRI T.LAKSHMI NARAYANA Counsel for the Respondent Nos.1p 4: SRI P.VISHAL KUMAR,AGP FOR MINES AND GEOLOGY
Counsel for the Respondent No.2: SRI M.SRINIVAS, AGP FORHOME Counsel for the Respondent No.3: M/s. T.SWETCHA, GP FORREVENUE
The Court made the following: ORDER
:
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
WRIT PETITION No.35 l8O of2O24 '
Mr. T.Lakshmi Narayana learned counsel for the petitioner.
Mr' P.. Vishal Kumar, learned Assistant Government pleader lor Mjnes appearing for the respondent Nos. 1 and 4. Mr. M.Srinivas, learned Assistant Government pleader for Home appearing for the respondent No.2.
Ms. Pleader T.Swetcha, for Revenue learned counsel appearing f6r the respondeni representing f.f".S. the learned--'- Governmen L
ORDER:
Learned counsel appearing for the petitioner as u,ell as the learned Assistant Government pleader for Mines submit thaL the writ petitlon may be disposed of in terms ol. the orders passed by the Co-ordinate Benches in similar factual clrcumstances.
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petitioners therein were also given iibert5r to make applications before the respondent No.2 for release of the vehicles and the rcspondent No.2 u,as at liberty ro pass appropriate orders on the filing of such applications in terms of the said G.O.
4 Considering the submissions made, this Court deems it ht to direct the petitioner to pay the required penal[r before approaching _the jurisdictional Magis[rate or the respondent No.2 .
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1g.O2.2075- The Authority concerned shall dispose of thc application filed by the petitioner within a week from the date of such application being filed for release of the vehicles. The petitioner shall also deposit the required penalty before the Assistant Director of Mines and Geolory concerned, within 7 days from 16.12.2024.
petition stand closed. There shall be no order as to costs
SD/- L. LAKSHM ABU ASSISTANT REG TRAR //TRUE COPYII
To
SECTION OFFICER
PSK.
GJP
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HIGH COURT
DATED:1311212024
ORDER
WP.No.35180of 2024
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DISPOSINGOF THE WRIT PETITION WITHOUT COSTS.
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1 issue framed by the court
Whether the seizure of vehicles was without following statutory procedure?
2 provisions across 2 enactments
Unnamed Petitioner
Principal Secretary, Mines and Geology Department
House Officer
Tahsildar
Assistant Director of Mines and Geology
MOUSHUMI BHATTACHARYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
