Disposed

Kura Anil Kumar v. The State of Telangana

Telangana HC22 Jan 2025WP/1702/2025

Case brief

AI extract

What is this about?

A writ petition challenging the seizure of a lorry allegedly transporting sand illegally; disposed of in parity with an earlier order directing the petitioner to seek release before the jurisdictional Magistrate or the authorities in terms of G.O.Ms.No.15 dated 19.02.2015.

What did the court decide?

Liberty to approach jurisdictional Magistrate or respondent No.2 for vehicle release per G.O.Ms.No.15 dt.19.02.2015; no costs.

Kura Anil Kumar Vs The State of Telangana — Mining and Natural Resources | Telangana HC (2025)

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[³¹⁶⁶ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Originat Jurisdiction)

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WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE T.VINOO KUMAR

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WRIT PETITION NO: 1702 0F 2025

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Between:

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[ttr-Alil^{Kumar,S/o. Kura,Narayana,} Ag_e 58 years, Occ ; Owner of Vehicle, No.TS_ 36T-976s R:io H.No. 5-s, Alipur Vilat",Ur,i-'ri"o* nii,ioii, riliro:ik Di;i;i.,'"

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.....PETITIONER

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AND

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'l . The State of Telanoana., $.eO bV its pri.Secretary, "^{vvvi vrsr''} Mines and Geology Department, Secreiariai. Hv'aeijOit.

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The Station House Officer, Siddipet Rural pS, Siddipet District.

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The Tahsildar, Siddipet Rural Mandal, Siddipet District.

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4' The Assistant Director of Mines and Georogy, siddipet District at siddipet.

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.....RESPONDENTS

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Petition Under Articre 226 of the constitution of India praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue appropriate writ, order or direction more particurarry one in the nature of Mandamus, decraring the action of the respondents in seizing vehicre No. T5-36T-9763 of the petitioner without foilowing any procedure under statutes contemprated under section gQ sub section 7 0f Minor Mineral concession Rules as being iilegar, arbitrary and against the principres of naturar justice and violativeof Articres'r4. 16, 19(1)(g),21 ,300-4and301 of constitutionof rndia and consequently (Erect the respondents to release the Vehicle No. T5_36T_ 9763 of the petitioner forthwith.

.// ,/,

l.A.NO:1 OF 2025

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 preased to direct the respondents to rerease the petitioners vehicre No. TS-36T-g763 forthwith 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 Nos.1 & 4 : 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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'/.''

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HON'BLE SRI JUSTICE T. VINOD KUMAR

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W.P.No.1702 of 2025

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ORDER:

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Heard learned counsel for petitioner, learned Government Pleader for Mines & Geologr appearing for respondent Nos. I & 4, learned Government Pleader lor Home appearing lor respondent No.2, learned Government Pleader for Revenue appearing for respondent No.3, and with the consent of the counsel appearing for the respective parties, the Writ Petition is taken up for hearing and disposai at admission stage.

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Shorn of unnecessary details, the case of the petitioner, in brief, is that his vehicle viz., Lorry bearing No.TS 36 T 9763 was seized by the respondents on 18.01.2025, when the same was carrying sand for personal use.

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Petitioner furthers contend that dcspite the petitioner approaching the respondents-authorities seeking release of the vehicle, the same has not been released, due to which the vehicle of the petitioner i.e., Lorry bearing No. TS 36 T 9763 is exposed to vagaries of the nature causing damage to the vehicle.

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Per contra, learned Government Pleader appearir-rg on behalf of respondents submits that the authorities on noticing the petitioner using the aforesaid vehiclc for illegal transportation of " sand, have seized the vehicle and registered a case.

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5 I have taken note of the respective submissions made.

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6 This Court, in similar circumstances in W. p. No.3S559 of 2024, while disposing of the said writ petirion by order d,t.18.12.2024, had granted liberty to the petitioner therein to approach the jurisdictional Magistrate and to make application seeking for release of the vehicle. This Court, in the aforesaid writ petition, has also granted further liberty to the petitioner therein to directly approach the 2.d respondent therein for release of the vehicle, if the same is not deposited into Court and the authorit5r was directed to act in accordance with G.O.Ms.No. 15, dt. 19.02.201S.

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Further, this Court in the aforesaid Writ petition also directed the transport authorities to verify the registration of the vehicle and the tax validity before releasing the vehicle and aiso granted liberty to the authorities to impose penalty in case of any violation in that regard.

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Having regard to the order passed by this Court in W.P.No.35559 of 2024, and in order to maintain parity, this Court is of the view that the petitioner herein is also entitled lor being granted similar relief.

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-7 ,1

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In view of the abovc, and lor the rcasons as stated in W.P.No.35559 of 2024, d,1.t8.12.2024, and in rerms rhereof, this Writ Petition is disposed of. No orde r as to costs.

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Registry is directed to append a copy of the order passed in W.P.No.35559 of 2024, dt".18.t2.2O24, ro rhis order.

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1 1. Consequently, miscellaneous petitions, il any, pending in

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these writ petitions shall stand closed.

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SD/-T. TIRUMALA DEVI ASSISTANT REGISTRAR

//TRUE COPYII

S TION OFFICE R

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

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The Station House Officer, Siddipet Rural PS, Siddipet District.

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The Tahsildar, Siddipet Rural Mandal, Siddipet District.

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The Assistant Director of Mines and Geology, Siddipet District at Siddipet. 5. Two CCs to GP FOR MINES AND GEOLOGY ,High Court for the State of Telangana. [OUfl

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

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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. One CC to SRI V.BRAHMAIAH CHOWDARY, Advocate IOPUCI

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.on^tx|:: l:'fL-o o& a-rJ.,, erkJ'.^{t8'rz-2-'1"1i"\ vn'f',l'l' 5s..se orz'1)}

BSo o' 0 tbs,, VA

HIGH COURT

DATED:2210112025

ORDER

WP.No.1702 of 2025

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DISPOSING OF THE W.P

WITHOUT COSTS.

THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA

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WRIT PETITION No.35559 of 2O24

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Mr. Madas Bharath Chandra, learned counsel^for the^petitioner.

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Mr. K.Goutham Reddy, the learned Assistant Govemment^{Pleaderfor Mines} appearing for the respondent Nos.l and 4.

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Mr. M.Srinivas, Iearned Assistant Government^Pleader for^{Home appearing} for the respondent No.2.

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Ms. T.Swetcha, learned counsel representing the learned^Government Pleader for Revenue appearing for the^{respondentNo.3.}

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ORDER:

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Learned counsel appearing for the^{petitioner as} well^as the learned Assistant Government Pleader for Mines submit^that the writ petition may be disposed of in terms of^{the orders} passed by the Co-ordinate Benches in similar factual circumstances.

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The first order placed before the Court was^{passed on} 24.03.2021 in W.P.No.7253 of 2O2l and^{the second order was} passed ofl 13.03.2020 in W.P.No.57lI of 2O2O. Tt,e^petitioner also relies on a third order dated 26.02.2020 in^{W.P.No'4086 of} 2O2O. A11 the 3 orders involved the^{prayer for release of the} vehicles by the respondent No.2. The^{Co-ordinateBenches} directed the petitioners therein to^{approachthe jurisdictional} Magistrate for filing appropriate applications for^{release of the} vehicles and rely on G.O.Ms.No. 15, Industries and^Commerce

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(Mines-I) Department, dated 19.02.2015 for that purpose. The petitioners therein were also given liberty to make applications before the respondent No.2 therein for release of the vehicles and the respondent No.2 was at liberty to pass appropriate orders on the filing of such applications in terms of the said G.O.

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The learned Assistant Government Pleader for Mines submits that the petitioner may also be called upon to pay the stipulated penalty as per Clause 12(21 of G.O.Ms.No.15, dated 19.o2.2015.

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Considering the submissions made, this Court deems it {it to direct the petitioner to pay the required penalty before approaching the jurisdictional Magistrate or the respondent No.2.

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W.P.No.35559 of 2024 is accordingly disposed of giving liberty to the petitioner to approach the jurisdictional Magistrate and to make al application for release of the vehicle. The petitioner sha.ll also be at liberty to directly approach the respondent No.2 for release of the vehicles. The Authority concerned shall act in accordance with G.O.Ms.No.15, dated L9.O2.2O15. The Authorit5r concemed shall dispose of the application filed by the petitioner within a week from the date of

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such application being filed for release oi the vehicle.^The petitioner shall also deposit the required penalty before the Assistant Director of Mines and Geolory concerned, within 7 days from 20.12.2024.

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Since the Tax validity of the said vehicle has expired^long back, the transport authorities shall veri.ff this^issuebefore release ofthe vehicle. The transport authorities^{shall also verifu} the Registration number of the vehicle in^question and^{be at} liberty to impose the^penalty if there is any^{violationin this} regard.

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7 . As submitted by the learned Assistartt Government Pleader for Mines and Geolory,^petitioners in^{similarcasessha1l} make the Assistant Director of Mines and^{Geolory concemedas} a party to such leave applications.

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Miscellaneous Applications, if any,^pending in this^writ petition stand closed. There sha-ll be no order as to costs.

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MOUSHUMI BHATTACHARYA, J

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Date: 18.12 .2024.

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Note: Issue C.C. today (B/o) vsu

Kura Anil Kumar v. The State of Telangana

Case brief

What is this about?

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Kura Anil Kumar v. The State of Telangana

Case brief

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