Bobili Thirupathy Reddy vs The State Of Telangana And Another
2022 Latest Caselaw 6944 Tel

     THE HONOURABLE SRI JUSTICE K.SARATH

              WRIT PETITION No. 45690 of 2022

ORDER:

This writ petition has been filed seeking a Writ of

Mandamus declaring the action of respondents in seizing

the vehicle bearing No.TS 06 UC 9378 belonging to the

petitioner, without following the procedure as

contemplated under Section 9Q Sub-section 7 of Minor

Mineral Concession Rules, as illegal, arbitrary and

against the principles of natural justice, and

consequently direct the respondents to release the vehicle

bearing No.TS 06 UC 9378 of the petitioner forthwith.

2. Heard learned counsel for both sides.

3. When the matter is taken up, it is submitted by the

learned counsel for both the parties that the issue in this

writ petition is squarely covered by the judgment of this

Court in W.P.No.8828 of 2022, dated 18.02.2022.

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4. In view of above and for the reasons recorded in the

order dated 18.02.2022 in W.P.No.8828 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 (Mines-I)

Department, dated 19.02.2015; and in the alternative, if

the petitioner so desires, they can make an application

before the 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 and 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 filed by the petitioner either before the

concerned jurisdictional Magistrate or the 2nd ::3::

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.

5. Pending miscellaneous applications, if any, shall

stand closed.

_____________________ JUSTICE K.SARATH

22.12.2022

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