Mudavathi Ravi vs The State Of Telangana And 2 Others
2022 Latest Caselaw 767 Tel

      THE HON'BLE SMT.JUSTICE P.MADHAVI DEVI

              WRIT PETITION No.8828 of 2022

ORDER :

This writ petition has been filed seeking a Writ of

Mandamus declaring the action of respondents in seizing the

Goods Carriage HMV bearing No.AP-22-Y-5379 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 Goods Carriage HMV bearing

No.AP-22-Y-5379 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

PMD, J W.P.No.8828 of 2022

petition is squarely covered by the judgment of this Court in

W.P.No.4671 of 2022, dated 31.01.2022.

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

order dated 31.01.2022 in W.P.No.4671 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, he can make an

application before 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

PMD, J W.P.No.8828 of 2022

needless to mention that if any application is filed by the

petitioner either before the concerned jurisdictional Magistrate

or the 2nd 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.

Pending miscellaneous applications, if any, shall stand

closed.

____________________ P. MADHAVI DEVI, J Date : 18.02.2022

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