Disposed

Vemula Upender v. The State of Telangana

Telangana HC15 Mar 2024WP/6720/2024

Case brief

AI extract

What is this about?

Writ petition seeking release of a seized tipper vehicle, said to be covered by an earlier order of the court. The court disposed of the petition on similar lines, directing the petitioner to seek release before the jurisdictional Magistrate or respondent, per a government policy order, within fixed timelines.

What did the court decide?

Petition disposed in terms of earlier order; liberty to apply to Magistrate or SHO for vehicle release as per G.O.Ms.No.15 dated 19.02.2015; disposal within three days; no costs.

Vemula Upender Vs The State of Telangana — Mining and Natural Resources | Telangana HC (2024)

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[³³⁰⁰ ]

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

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FRIDAY, THE FIFTEENTH 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: 6720 OF 2024

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Between:

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Vemula Upender, S/o. Late Vemula Satyanarayana, Age 26 years, Occ. owner of the vehicle Tipper bearing No. TS 22 TA 0318 Rl/o. Lalgadi Malakpet Village, Shamirpet Mandal, Medchal Malkajgiri District. Previous owner Naddipalli Praveen Kumar, S/o. Nadipalli Rammohan Rao, age 52 years, Occ. Business, owner of the vehicle Tipper bearing No. fS 22TA 0318, RJo. H.No.6-1-41l1/ Sri Nagar Colony, GodavariKhani, Ramagundam, Karimnagar Diskict-505209.

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...PETITIONER

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AND

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I The State of Telangana, rep. by its Principal.Secretary, Mines and Geology Department, Secretariat, Hyderabad.

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2 The Station House Officer, Mulugu PS, Siddipet Diskict.

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3 The Tahsildar, Mulugu Mandal, Siddipet District.

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...RESPONDENTS

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Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more in the nature of Mandamus, declaring the action of the 2nd respondent in seizing vehicle Tipper bearing No. TS 22 TA 0318 of the 1st petitioner without following any procedure under statutes contemplated under Section 9Q Sub Section 7 of Minor Mineral Concession Rules belonging to the petitioners as being illegal, arbitrary and against the principles of natural^justice and violative of Articles 14, 16, 19 (1Xg), 21, 300-4 and 301 of Constitution of lndia and consequently direct the respondents to release the vehicle Tipper bearing No. TS 22 TA 0318 of the 1st petitioner forthwith.

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lA NO: 1 OF 2024

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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 direct the respondents to rerease the vehicre Tipper bearing No. TS 22 TA 031g of the petitioner forthwith.

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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 & GEOLOGY

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Counsel forthe Respondent No.2: Gp FOR HOME

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Counsel forthe Respondent No.3: Gp FOR REVENUE

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The Court made the following: ORDER

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t l

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THE HON'BLE SRI^{JUSTICE NAGESH} BHEEMAPAKA WRIT P^{ETITIONNo.6720 0F 2024}

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ORDER:

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This writ^{petition is frled for following relief:-}

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"to issue^{an appropiate tuitorder or} direction^{more in the nature of Mandamus} iedoAnq^{the actionof the 2"a respondent in} seizinq^{uehicle Tipper bearinq No TS 22 TA} 0318^{of the 7st petitiofter ulithout.follotuing anrl} nrocedllre under^{statutes contempLatedunder} -S;"rtion 9Q Sub Section 7 of Minor Mineral Rules belonqinq^{to the petitioners} Con "stion as beinq^{ilLeqal arbitrary4 and againstthe} nrinciples^{of natural} .justice^{and uiolatiueof} Trticles^{14 16 19 ]q21 3OOAand 301 of} Constitution^{of India and consequentlu direct} the^{,espondentsto release the uehicleTipper} beainq^{No TS 22 TA 0318 of the lst petttrcne-r} jorthrt,th and pass such other^{order or orders''}

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Heard^{learned counselfor the petitioner who submits} that^{the lis in the writ petitionis squarely coveredby order} d.ated^{04.07.2019 passedby this Court in WP'No'13559 of} 2019-

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J The sarne^{is not disputedby the respondents'}

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4 In view^{of the same and for the reasonsalike in the said} 1n WP.No.13559^{of 20L9, this writ} order^{dated O4'O7'2O19} petitlon^{is also disposedof in terms thereof and the petitioner} is at^{libertY toapproach either the learned jurisdictional} whom the^{vehiclesmay have been produced} Magistrate^before and^{frle applicationas per the procedure establishedby law}

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:-'r

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and seek release of the vehicles by bringing to the notice of the Court the policy decision taken by the Government and the terms of the G.O.Ms.No. 15, Industries and Commerce (Mines_I) Department, dated 19.02.2015, if the petitioner so desire; or in the alternative he may make a request to the 2,a respondent by filing appropriate application for release of vehicles, if not already filed and not received by the !"a respondent; and if any such application is filed before the 2.d respondent, the 2na respondent is at liberty to pass appropriate orders as per terms of G.O.Ms.No.lS, dated lg.O2.2OLS, after examining the competence ald jurisdiction to release the vehicles, if same were produced before the Court concerned. It is needless to state that the apprication, if ary, 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 justice. No order as to costs.

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As a sequel thereto, miscellareous petitions, 11 any pending, in this writ petition shall stand closed.

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SD/.MOHD. SANAULLAH^ANSARI ASSISTANT REGISTRAR ,,1 ,TRUE COPY// SECTION trFICER

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To, 1. The Principal Secretary, lt/ines and Geology Department,^{Secretariat,State of} Telanoana. Hvderabad.

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The Siation H'ouse Officer, Mulugu PS, Siddipet District.

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The Tahsildar, Mulugu Mandal, Siddipet District.

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One CC to SRI V.BF{AHMAIAH CHOWDARY, Advocate. [OPUC]

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"ff

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Two CCs to Gp FOR Mt GEOLOGY, High court for the state of

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-^{telanganaar Hyderabad.l[iY*o} t ,1y3",:ff.1?ofiP^{FoR HbME: Hish court ror the stare} or reransana at

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' Iy3":r::."3,iri'oR^{Reveruur, Hish courtror rhesrate or reransana} at t cop'ies.

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DATED:1 510312024

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ORDER

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WP.No.6720 o12024

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

Vemula Upender v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Vemula Upender v. The State of Telangana

Case brief

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