Deva Madkami Vs The State of Telangana

Petition Under Article 226 of the Constitution of^{lndia prayingthat in the} circumstances stated in the affidavit filed therewith,^{the High Court maybe} pleased to issue an Order, Direction or Writ, more^particularly a Writ of [/andamus declaring the action of the respondents^{in seizingthe[,4ahindra Bolero} Goods Carriage vehicle bearing No.^{TS-02-UC-2370ChasisNo.} MAl ZU2TBKJ¹ L89024 of the Petitioner^{without following any procedurelaid} down under^policy decision taken by the^{governmentand in termsof} G.O.Ms.No.15, lndustries and Commerce^{(tVlines-l)Department, dated19-02-} 2015 as being illegal arbitrary and against the^{principlesof naturaljustice and} violative of Articles 14, 16,^{'tg (1Xg),} 21,^{300-4and 301 of Constitutionof lndia} and consequently direct the^{respondents to release the N/ahindraBolero Goods}

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Carria'ge vehicle bearing No. TS-02-UC-2370 Chasis No. I IA1ZU2TBKJ1L89024 of the Petitioner, fo(hwith.

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l.A.NO:1 OF 2025

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Petrtion Under Section 151 CPC praying that in the 1)^'cumstances stated in the affidavit filed in support of the writ petition, the High Cr rrt may be pleased to direct the respondents to release the [,4ahindra Bolero (;, ods Carnage vehicle bearing No. TS-02-UC-2370 Chasis No Ir,4A l ZU2TBKJ 1 L,r,t 024 of th: Petitioner, forthwith pending the disposal of the writ petition.

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Counsel for the Petitioner : SRI V.YADU KRISHNA SAINAI H

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Counsel for the Respondent Nos.1 & 4 : SRI K.GAUTHAM ?EDDY, AGP FOR MINES AND GEOLOGY

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Counsel for the Respondent No.2 : SRI B.SRIDHAR, AGP I OR HOME

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Counsel for the Respondent No.3 : AGP FOR REVENUE

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The Court at the stage of admission made the following O IDER

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THE HONOURABLE SRI JUSTTCE N.V.SHRAVAN KUMAR

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Writ Petition No.24321 of 2025

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ORDER:

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Heard learned counsel for the petitioner and Mr.K.Gautham Reddy, learned Assistant Government Pleader for Mines and Geolog, appearrng for respondent Nos.1 and 4 and Sri. B.Sridhar, learned Assistant Government for Home appearing for respondent No.2 and learned Assistant Government Pleader for Revenue appearing for respondent No.3. With their consent, this writ petition 1S being taken up for disposal at the admission stage itself.

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This writ petition is filed seeking following prayer:-

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"declaing the action of the respondents in seizing the Mahindra Bolero Goods Cariage uehicle beaing No.TS-O2-UC-237O, Chasi-s No.MAIZU2TBKJiLB9O24 of the petitioner without follou.ting ang procedure Laid down under policg decision taken bg the gouernment and in terms of G.O.Ms.No. 15, Industies and Commerce (Mines-I) Department, dated 19.O2.2O15 as being itlegal, arbitrary and against the pinciples of natural justice and uiolatiue of Articles 14, 16, t9(1)(g), 21, 3OO-A and 3O1 of Con-stitution of India and consequentlg direct the responderuts to release the Mahindra Bolero Goods Carriage uehicle bearing No.TS-O2-UC-237O, Cl.usb No.MAIZU2TBKJILB9O24 of the Petitioner forthwith."

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Brief facts stated in this writ petition are ti a"t the petitioner purchased Mahindra Bolero Goods Carriage vehicle bearing No.TS-02-UC-2370 with Chasis No.MAlZU2TBIi. 1L89024 to eke out his livelihood. On 12.O8.2O25, when tI-r: petitioner \tras Ioading sand dump to transport the same for. construction of i-rouses by bcneficraries of Indiramma Houses, ::spondent No.2, lor the offences under Section 303 (2) BNS, Sr: :tion 3 of PDPP Act, registered FIR No.193 of 2025 against tL t petitioner and basing on the said FIR, respondents had seri :ed the subject vehicle. lt is further stated that respondent au t ronties without following due procedure S envisaged tn^r_ .ause 13(3) of G.O.Ms.No.3 dated 08.01.2015, issued by.ndustries and Commerce (Mines-I) Department, had not hr nded over the custody to the subject vehicle to the competent l:urt of iaw. The case of the petitioner is that as per the norms ie G.O.Ms.Nos.3 dated 08.01.2015, modifred uide G.O.Ms.No.15 de ted 19.O2.20I5, petitioner requested respondent Nos.2 and to release the subject vehicle. However, the subject vehicl<: has not been released. Aggrieved by the same, this writ petition is filed

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Today when the matter has been taken rp for hearing, learned counsel for the petitioner submits^' hat in similar

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circumstance this Court in W.P.No.21381 of 2025 dated 23.O7.2025, passed the foilowing order:-

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"6. In uieu of the submissions made by the learned counsel appearing on either side and in tenns of order passed by this Court tn W.P.No.B163 of 2025 dated 18.03.2025, this writ petition is disposed of ruith a libertg to petitioner to approach respondent No.2 by uag of submitting representation along with aLl original documents in respect of the otunership of the subject uehicle and inform the respondent No.2 that they are readg to complg with Rule 12 of the Rules, 20 15. On receipt of the said representation, respondent No.2 shall consider and dispose the same in terms of Rule 12 of the Rules, 20 15, within a peiod of (02) u.teeks from the date of receipt of petitioner representatton. "

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l,earned counsel for the petitioner further pray this Court to pass similar orders as passed in W.P.No.21381 of 2025 dated 23.07.2025.

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Learned Assistant Government Pleader for Home appearing for respondent No.2 placed on record instructions issued by Sub-Inspector of Police, Chinnakodur Police Station, Siddipet District, wherein it is stated that Sri.G.Venkataiah, Assistant Sub-Inspector of Chinnakodur P.S. lodged a complainant against the petitioner stating that on 12.08.2025 at 11.30 hours, the subject vehicle was found with load of sand committing iilegal sand transport. Thereafter, Panchanama was conducted and the petitioner along with the subject vehicle was brought to the

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police station and Cr.No. 193 of 2O25 under Sect on 303(2) BNS, 3 of PDPP Act rvas registered. It is further subm t:ed that a letter dated 14.O8.2025 has been addressed to the r:spondent No.3 and thereafter, respondent No.2 utde inward ll t.277 B ol 2025 dated 18.08.2025, had fi1ed form 66 before the f incrpal Judicial First Class Magistrate , Siddipet (hereinafter . t ferred as Trial Court) and kept the subject vehicle is in s rfe custody at Chinnakodur Police Station

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l,earned Assistant Government Pleader srrl mits that since Form 66 is frled before the Trial Court, the peti -. rner had to hle appropriate application before the Trial Coult for release of vehicle.

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At this stage, learned counsel for the l etitioner seeks liberty to file application before the Trial Cour'l and pray this Court to direct the respondent authorities to relr ase the subject vehicle in a time bound period.

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In view of the submissions made by the l:arned counsel appearing on either side and since the form 66 i; filed before the Trial Court, this Court deems it appropriate to dis :ose of the writ petition with a liberty to petitioner to approacir Trial Court by

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way of fiiing application/representation aiong with all original documents in respect of the ownership^{of the subjectvehicleand} inform the authority that they are ready to comply with Rule 12 of the Rules, 2OI5 and the Triai Court shall consider the^same and pass order strictly in accordance with law. Thereafter,^the petitioner for release of vehicle may also make a representation before respondent authorities and on receipt of the^said representation, respondent authorities is directed to consider and dispose the same in terms of Rule 12^of the^{Rules, 2015}

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Accordingly, this writ petition is^{disposed of. Miscellaneous} applications, if any pending, shall stand closed.^No order^{as to} costs.

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SD/. L. VIJAYA^LAXMI ASSISTANT^REGISTRAR //TRUE COPY// 6

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SECTION^OFFICER

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To 1 . The Principal^{Secretary,Minesand Geology Department' Secretariat} euilOinos.^{'Stateof Telingana at Hyderabad'}

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in"tiJtio" House^{office-r,P.S' Chinnakoduru, Siddipet'} 3. Th" Tuhtild"r,^{Siddipet Mandal, Siddipet'} 4: iil A;;i;i;;i'oirectbr^{rrlines ina l/|inbrats,Mines and [r,4inerals Department,} Siddioet.

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