Telangana High Court
P.Satish And Another vs The State Of Telangana And 2 Others on 16 October, 2019
Author: P.Naveen Rao
Bench: P.Naveen Rao
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO.22411 OF 2019
Date: 16.10.2019
Between:
P.Satish s/o.Gangaiah, 29 years, owner of lorry bearing
No.TS 02 UC 1210, r/o. H.No.5-6/5/1, Kondapur X Road,
Chigurumamidi, R.R. District and another.
.....Petitioners
and
The State of Telangana, rep.by its Prl.Secretary,
Mines & Geology Department, Secretariat Buildings,
Hyderabad and others.
.....Respondents
The Court made the following:
PNR,J
W.P.No.22411 of 2019
2
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO.22411 OF 2019
ORDER:
This Writ Petition is filed praying to direct the respondents to release the vehicles. Petitioners allege that their vehicles were seized by the 2nd respondent on the allegation of illegal transportation of sand.
2. Learned counsel for petitioners submits that on 30.09.2019 representation was made by the petitioners requesting the Station House Officer, Keshavapatnam Police Station to release the vehicles agreeing to pay the compounding fee as mandated by the Government. It appears, no orders are passed as on today. However, there is no proof of filing such representation before the Station House Officer.
3. Since there is no proof of filing of representation, it cannot be said that respondents acting illegally in not attending to grievance of petitioners. Therefore, Writ Petition is disposed of with the following directions:
Petitioners are at liberty to approach either the learned jurisdictional Magistrate before whom the vehicles may have been produced and file application as per the procedure established by law 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 petitioners so desire; or in the alternative they may make a request to the 2nd respondent by filing appropriate application for release of vehicles, if not already PNR,J W.P.No.22411 of 2019 3 filed and not received by the 2nd respondent; and if any such application is filed before the 2nd respondent, the 2nd respondent is at liberty to pass appropriate orders as per terms of G.O.Ms.No.15, dated 19.02.2015, after examining the competence and jurisdiction to release the vehicles, if same were produced before the Court concerned. It is needless to state that the application, if any, filed by the petitioners before either the Court or the 2nd respondent, shall be disposed of within three days from the date of filing in the interest of justice. Pending miscellaneous petitions shall stand closed.
___________________________ JUSTICE P.NAVEEN RAO Date: 16.10.2019 kkm PNR,J W.P.No.22411 of 2019 4 HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.22411 OF 2019 Date: 16.10.2019 kkm