Disposed

Shivarathri Kumaraswamy v. The State of Telangana

Telangana HC11 Mar 2024WP/6315/2024

Case brief

AI extract

What is this about?

Writ petition challenging seizure of the petitioner's tractor and trailer allegedly without following the procedure under G.O.Ms.No.15 amended to the Sand Mining Rules. The Court, noting the issue was covered by an earlier order, disposed of the petition directing the petitioner to seek release before the jurisdictional Magistrate or respondent No.2.

What did the court decide?

Direction to approach the jurisdictional Magistrate or respondent No.2 for release; applications to be decided within one week per G.O.Ms.No.15 terms; no costs.

Shivarathri Kumaraswamy Vs The State of… — Mining and Natural Resources | Telangana HC (2024)

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[³³⁰⁰ ]

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

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

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PRESENT

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THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

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WRIT PETITION NO: 6315 OF 2024

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Between:

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Shivarathri Kumaraswamy, S/o. Bakkaiah, Age 39 years, Occ. Owner of Tractor and Trailor Bearing Nos TS 20 5169 and TS 23 T 1110, R/o. H.No.1-4l1 , Srinivasa Nagar, Manakondur, Karimnagar, Karimnagar Distric! 505469

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...PETITIONER

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AND

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1 The State of Telangana, Rep by its Prl. Secretary, Mines and Geology Department, Secretariat Buildings, Hyderabad.

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2 The Station House Officer, Thimmapur Police Station, Karimnagar District.

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3 The Tahsildar, Thimmapur Mandal, Karimnagar District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in tlrc circumstances stated in the affidavit filed therewith, the High Court may be 6rleased^{to issue an appropriatewrit,order or direction more in the nature of} l andamus, declaring the action of the respondents in seizing the Tractor and Trailer bearing Nos. TS 20 5169 and TS 23 f 1110 without following any procedure under statutes contemplated under Sec{ion 9Q sub Section 7 of Minor Dlineral Concession Rules belonging to the petitioner as being illegal, arbitrary aM against the^principles of natural^justice and violative of Articles 14, 16,¹⁹ (1Xg), 21, 300-A and 301 of Constitution of lndia and consequently direct the respondents to release the Tractor and Trailer bearing Nos. TS 20 5169 and :-S 23 T .1 110 of the petitioner forthwith.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC^praying that^{in the circumstancesstated} i r the affidavit filed in support of the^petition, the^{HighCourt may be pleased to} direct the respondents to release the^petitioner Tractor^{and Trailer bearingNos.} TS 20 5169 and TS 23T 1110 to the petitionerforthwith^pending the disposal of the above Writ Petition.

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Counsel for the Petitioner: SRI V.BRAHMAIAH CHOWDARY

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Counsel for the Respondent No.1: GP FOR MINES AND GEOLOGY

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Counsel for the Respondent No.2: GP FOR HOME

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Counsel for the Respondent No.3: GP FOR REVENUE

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The Court made the following: ORDER

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THE HONOURABLE^{SRI JUSTICENAGESH BHEEMAPAXA} TIo^{NNo.63150F20/24}

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ORDER:

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This writ^{petition is filed seeking the followingrelief:} '...to^{issue an appropricte writ' orderor directbnmorein the} ;";;';;;";;"':::'Tn:Tffi"-":!X;;,i::":fr in seiztng^{the Trac-tor} ::-ilouing ang procedure un.der statutes TS % T^{1110 uatlaut1o} section^{eQ stb section 7 oJ MinorMinerat} :::;;;';; Concession^Rules ""der^{belongtng to ffE petitioneras} 'bew illegal' ::;:,;";;""*:','Tr,'itr':,'ff ,'{,\f ;I:il':,?T uiolative^{of Articles14'} Constitudon^{of India and consequentlg directtlVrespon'dents} to release^{the Tractor and Trailerbearing Nos'TS2O 5169 and} the^{petttioner forthuithandpass" ''} itZZTi^{i it} "f

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2 Heard learned^{counselfor both sides'}

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taken^{up, it is submittedby the learned} 3' when the^matterrs that^{the issue in this writ petition is} counsel for the Petitioner squarely covered^{by the judgment of this Court in W'P'No'4671 of} 2022, dated, 3 l.O 1.2022'

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The Government^{of Telanganahas issued G'O'Ms'No'15'} dated 19'o2'2o15'^{As Per the said notification'amendmentwas} made to the Telangana^{State Sand Mining Rules' 2O15 issued in} G'O'Ms.No. 3, Industries^{and Commerce(Mines'I)Department'} dated 08'01'2015'^{Rule12 of the Rules reads as under:'}

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r'l'

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" ..... (21 Any vehicle / machinery, if found, involved in illegal extraction and transportation of sand in contravention of these rules shall be levied penalty for such each vehicle/machinery as detailed below: vehicle tJ.pe first time (In Rs.) Second time (In Rs.) Tractor 5,OO0/-, 15,000/-, Iorry up to 10 tons capacity 25,OOOl-,5O,OOO/-, l,orrlr above 10 tons capacity 5O,0O0/-, I,OO,OOO/- machinery 50,O0O/-, I,OO,OOO/-; (3) The vehicle / machinery, found involved more than two times, such vehicle /machinery along with sald shall be seized / confiscated by the following ollicers in the State authorised under ttrese Rules: a) District Collector (concerned), b) Joint Collector (concerned), c) Superintendent of Police (concerned), d) Additionat Superintendent of Police / OSD (concerned) e) SubCollector/Revenue Divisional Oflicer (concerned) f) Tahsildar (concerned) Mandal g) Sub-Divisional Police OfEcer (concerned), h) Station House Oflicer (concerned), i) District /^{DivisionalPanchayatOfficer,j) Deputy Director} of Mines and Geolory (concerned), k) Assistant Director of Mines & Geolory (concerned), l) any other officer nominated by the District Collector (concerned); 4) An ollicer authorised under sub-rule (3) shall follow the procedure as under to confiscate any vehicle / machinery;' a) issue show cause notice to the person / owner from whom the vehicle / machinery is to be seiz*d / confiscated b) immediately take steps by preparing seizure / conEscation report and produce tJre vehicle/machinery before ttre competent Court to e-nable tJ.e person/owner from whom the vehicle / michinery is seized to file an application under Section 451 df Criminal Procedure Code (Cr.P.C.) for release of vehicle / machinery d) upon receipt of explanation to the show cause notice and the application for release of vehicle / machinery, the auttrorised ofEcer shall consider the

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application^and Pass^{apProPriateordersin accordancewith} law, within^{a period of two weeks there from' on production} of security^{of Rs25,000- in case of tractor; Rs'l'00'O0O/-in} case of^{vehicle upto 1O tonnes capacity; Rs'l'50'OOO/-in} case of^{vehicle abovelO tonnes capacity and Rs'2'0O'0OO/-} for any machinery,^{in the form of demald draft in favourof} the authorised^{olEceralong with an alEdavit/undertakingo} seized^vehicle /^{machineryas and when} produce the required....."

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In view^{of the said amendmentto the Rules and as per Rule} 12,whenavehicleisfoundtransportingexcessquantity,without permission,^{a fine of Rs' 2,OO0/-per metric tone has to be imposed} and if any^vehicle /^{machinery foundinvolved in vehicle extraction} and transportation^{of sand in contravention of the Rules shall be} levied^{penalty for such each vehicle/rnachinery' if it is lirst time '} tractor^{Rs.S,OOO/-, second time Rs'15'O0O/-and if it is a lorry up to} ten tons^{capacity,if it is first time Rs'25.'OOO/-'if it is secondtime} Rs.SOOOO/ -^{and lorry above ten tons capacity'if itis ltrst time} Rs.SO,OO0/-^{and if it is second time Rs'1'00'0O0/- and whenthe} vehicle is found^{involved more tl-an two times' such vehicle /} machinery^{along with sandsha-ll be seized /confiscatedby the} designated^{officers.Thereafter, after issuingnotrceto the concerned} person, they have^{to prepare aseizure confessionreport and} produce the^{vehicle before the competent Courtto enablethe person} /^{owner from whom the vehicle /machineryis seized to file an}

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Application under Section 451 Cr.P.C. In view of the said amendment to the Rules by way of G.O.Ms.No. 15, dated 19.02.2015, if the contravention is for two times, they have prescribed the penalty. If it is more than two times, the vehicle has to be seized and deposited before the Court.

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Now, it is not the case of the respondents that the petitioner,s vehicle is involved in these kinds of offences more than twice, but contrary to the G.O., the respondents straight away have seized the vehicle.

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In view of above and for the reasons recorded in the order dated 31.01.2022 in W.P.No.4671 of 2022, this 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 file an application as per the procedure established by law and seek release of the vehicle by.bringing 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 (MinesJ) Department, dated 19.02.2015; and in the alternative, if the petitioner so desires, he can make an application before respondent No.2 for release of the vehicle, if not already filed. On such application being made by the petitioner, the 2nd respondent shall pass appropriate orders in accordance with the terms ald

conditions laid down in G.O.Ms.No.15, dated 19.02.2015,^and release the vehicle. It is needless to mention that if any application is frled by the^petitioner eit-her before the concerned^{jurisdicLional} Magistrate or the 2nd 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. No order as to costs.

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Miscellaneous applications, if any pending, shall also stand

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closed.

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SD/-A.V.S. PRASAD ASSTSTANT REGlgtrRAR //TRUE COPY// v/ SECTION^gFFICER

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To,

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