Disposed

Boya Jambanna v. The State of Telangana

Telangana HC4 Mar 2024WP/4107/2024

Case brief

AI extract

What is this about?

Petitioners challenged the seizure of their tractor and trailer by the respondent authorities via a writ petition alleging violation of procedure under the Minor Mineral Concession Rules and violation of natural justice. The High Court disposed of the petition by directing the parties to approach the jurisdictional Magistrate for release of the vehicles pending disposal.

What did the court decide?

The petitioners were directed to file an application before the jurisdictional Magistrate for the release of the seized tractor and trailer within a reasonable period.

Boya Jambanna Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2024)

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[³³⁰⁰¹

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

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MONDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SR! JUST]CE^{NAGESHBHEEMAPAKA}

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WRlT PETITION NO:4'lo7 OF 2024

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Between:

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1 . Boya Jambanna, S/o Mareppa,^{Age 37 years,} ^Occ.^{Agriculture,R/o 1 '1-} 91 ,Pagunta, Kaloor Thimmandoddi,^{Jogulamba Gadwal.(Tractor temporary} registrbtion number No. TS06ARTR7797)

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Hanumanthu, S/o Sanna^{Edappa,Aged 28 years, Occ. Agriculture,R/o} 2Ttsaryapur Village Atkur Post,^{Dt Raichur} ,^{Kamataka State' (Trailer Chassis} number No. MKEW-1 3-2023)

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.,.PETITIONERS

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AND

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The State of Telangana,^{representedby its Principal Secretary, Minesand} Geology Department, Secretariat^{Buildings, Hyderabad}

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The State of Telangana, represented^{by its Principal Secretary,Home} Department, Secretariat Buildings,^Hyderabad'

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The Station Flouse Officer,^{P. S. Kalur Thimmandoddi'jogulamba Gadwal} Dist., TS

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The Assistant Director of Mines^{and Geology,Mines Departrnent, Jogulamba} Gadwal, Jogulamba Gadwal^District.

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...RESPONDENTS

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Petition under Article 226 of tle^{constitutionof lndia praying that in the} circumstances stated in the^{affidavitfiled therewith, the High Court maybe} pleased to issue a writ, order or direction, moreⁱⁿ the^{nature of writ of Mandamus} under Article 226, declaring the action^{of the respondents, particularly the 3rd and} 4th responderts in seizing^{petitioners'tractor and trailer,bearingNos. Tractor} temporary registration number^{No. TS06ARTR77971Trailer Chassisnumber No.} MKEW-13-2023 without following the^{proced ure underthe statutes contemplated} under Sec{ion 9Q sub Section^{7 of Minor Mineral ConcessionRu{esis concerned,} as arbitrary, illegal, violating^{principles of naturaljustice and violating Article'14,}

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19⁽¹ )^{(S), 21 and 330A and 3ol of the Constitution of lndia, and issue} consequential^{directions, directing the respondentsto release petitioner's trsctor} and^{trailer, bearing Nos.Tractortemporary registrationnumberNo.} TSO6ARTR7797'|^{Trailer Chassis number No. MKEW-13-2023, sized by the 3rd} respondent^{underF.l.R.No.1912O24dated 07.02.2024,lakinginto accountsimilar} principle^{laid down by this Honorable HighCourt in W.P.No. 20702 ot 202:3 by} orders dated^{02.08.2023,W.P. No. 2838 of 2021by ordersdatedO8.O2.'.1O21,} W.P.^{No. 5602 ot 2020 andW.P.No.4703of 2023 dated 10.03.2023 respectively'}

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IANo:^{10F 2024}

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Petition under^{Section 151 CPC praying thatin the circumstancessta:ed in} the^{affidavitfiled in supportof the petition,the HighCourt may be pleasedto} direct^{the respondents,particularly the 3rd and 4th respondents,to forjhwith} release^{the petitioners tractor and trailer,bearingNos. Tractor temFrorary} regislration^{number No. TS06ARTR77971 Trailer Chassis number No. MKEtff-13-} 2023,^{pending disposal of the writ petition.}

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Counsel^{for Petitioners : SRI G.NARENDER, rep., SRI SRINIVAS KUDUMULA} Counset^{for the RespondentsNo.1&4: GP FOR MINES AND GEOLOGY}

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Counsel^{for the RespondentsNo.2&3: GP FOR HOME}

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The^{Courtmade the following:ORDER}

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THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI(A

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WRIT PETITION No.41O7 OF 2o24

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ORDER:

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This Writ Petition is filed seeking the following substantive relief:

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"..... to issue a Writ, Order or Direction, more in the nature of Writ of Mandamus under Article 226, declaring the action of the respondents, particularly the 3.d and 4tr, respondents, in seizing petitioners' tractor and trailer bearing Nos. Tractor temporary registration No.TSO6ARTR7797 I Traier Chassis No.MKEW- 13-2O23 without following tJre procedure under the statutes contemplated under Section 9Q sub section 7 of Minor Mineral Concession Rules is concerned, as arbitrary, illegal, violating principles of natural justice and violating Article 14, r9(1)(g), 2L and 330A and 3O1 of the Constitution of India, and issue consequential directions, directing tJ'e respondents to release petitioner's tractor and trailer, bedring Nos. Tractor temporary registration No.TS06ARTR77971 Trailer Chassis No.MKEW-13-2O23, seized by the 3'd respondent under F.LR.No.L9 /2o24 dated 07.O2.2O24, taking into account similar principle laid down by tJ:is Honourable High Court in W.P.No.2O7O2 of 2023 by orders dated O2.O8.2O23, W.P.No.2838 of 2O2l by orders dated OA.O2.2O2|, W.P.No.5602 of 2O2O and .^W.P.No.4703 of²⁰²³ dated 1O.03.2023^{respectively,} I 1^{ald to pass....."}

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NBK, J W.P.No.41O7 of 20:24

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Heard Sri G.Narender, learned counsel, representirrg Sri Kudumula Srinivas, learned counsel on record for the petitioners, Iearned Government Pleader for Mines and Geolory, appearing for respondent Nos.l and 4 and learnod Government Pleader for Home, appearing for respondent 4 Nos.2 and 3.

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Learned counsel for the petitioners stated that fhe subject matter is squarely covered by the orders of this Cor.rrt dated 1O.03.2023 passed in W.P.No.4703 of 2023 and the same is not disputed by the respondents' counsel.

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Hauing regard to the same, the petitioners are directed to file an appropriate application for release of the subj,:ct vehicles before ttre learned jurisdictional Magistrate, bei>re whom the vehicles were produced, who shall then consirler the same and pass appropriate orders thereon in accordance with the terms and conditions laid down in G.O.Ms.No.15, Industries and Commerce (Mines-I) Department, dated 19.O2.2O15, within a reasonable period.

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NBK' J W.P.No.41O7^{of 2024}

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5 With^{the abovedirections' the Writ Petitionis disposed}

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of.^{No order as to costs'}

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6 Pending^{Miscellaneous Applications , if anY, shatl stand}

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closed

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