WP 964 / 2016
WPSR 4015 / 2016 CASE IS:DISPOSED
RAMULU PUTTA VS PRL.SECY., SECY., PANCHAYAT RAJ DEPT., HYD., & 2 OTHERS,
THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY
Writ Petition No.964 of 2016
th January, 2016
The State of Telangana, rep.by its Principal Secretary (Panchayat Raj
& Rural Dev.), Secretariat of Telangana, Hyderabad and others
Counsel for the petitioner: Sri Janardhan Reddy Ponaka
Counsel for respondent No.1: AGP for Panchayat Raj (TS)
Counsel for respondent No.2: AGP for Home (TS)
Counsel for respondent No.3: AGP for Revenue
The Court made the following:
This writ petition is filed for a mandamus to declare the action of
respondent No.2 in seizing the petitioner’s tractor and trailor bearing
registration Nos.AP22Q 8490 and AP04V 5030 respectively, as illegal
and arbitrary. The petitioner sought for a consequential direction to the
respondents to release the seized tractor and trailor.
The petitioner pleaded that on 16.12.2015, respondent No.2
seized the above-mentioned tractor and trailor on the allegation that
they were used for illegal transportation of sand and that immediately
thereafter, he has made an application to respondent No.2 for release
of the seized vehicles. The grievance of the petitioner is that
respondent No.2, who is the competent authority, has refused to
receive the application.
At the hearing, it is submitted by learned counsel for both
parties that as per G.O.Ms.No.3, Industries & Commerce (Mines-I)
Department, dated 08.01.2015, as amended by G.O.Ms.No.15,
Industries & Commerce (Mines-I) Department, dated 19.02.2015,
respondent No.2, who is stated to have seized the vehicles, is
competent to release the same.
As respondent No.2 is stated to have seized the tractor and
trailor, it is appropriate that the said respondent considers release of
the seized vehicles. The petitioner is accordingly permitted to
approach respondent No.2 with a fresh application and within three
days of receipt of the said application, respondent No.2 shall consider
and pass appropriate order as per the above-mentioned G.Os., for
release of the seized tractor and trailor.
Subject to the above directions, the writ petition is disposed of.
As a sequel to disposal of the writ petition, WP.M.P.No.1156 of
2016 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J
th January, 2016