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Telangana High Court · body

2025 DIGILAW 464 (TS)

Manupati Thirupathi v. State of Telangana

2025-04-29

K.LAKSHMAN

body2025
ORDER : K. LAKSHMAN, J. Heard Sri P. Ramulu, learned counsel for the petitioner and learned Government Pleader appearing for Mines and Geology. Perused the record. 2. Perusal of the record would reveal that one Sathish Reddy Nalla is the absolute owner and possessor of subject vehicle i.e., Tractor bearing No.TS-05-UB-2882 and Trailor bearing No.TS-23-T-059. The subject vehicle is seized in connection with Crime No.28 of 2025 dated 09.03.2025 of P.S Vemulawada Rural. The offences alleged against the petitioner/A-4 herein and other accused are under Section 303 (2) BNS and Section 3 of PDPP Act. The allegations levelled against the petitioner herein and other accused are they are transporting the sand illegally. 3. Thereafter, 4 th respondent has issued show cause notice dated 27.03.2025 granting (03) days time to submit explanation to the petitioner. Petitioner herein failed to submit explanation. Thereafter, 4th respondent has passed confiscation order dated 02.04.2025. Challenging the same, petitioner filed the present writ petition. 4. Learned Assistant Government Pleader for Mines and Geology on instructions would submit that petitioner herein has to submit application in terms of Rule 13 of Telangana State Sand Mining Rules, 2015 issued by the Government vide G.O.Ms.No.3, Industries & Commerce (Mines-I) Department, dated 08.01.2015 by paying the fine imposed under the confiscation order and 4th respondent will consider the same. Thereafter, the petitioner has to approach the concerned Magistrate seeking release of the said vehicle. It is for the learned Magistrate to consider the same. 5. Though the petitioner herein is claiming that he is owner of the subject vehicle, he has not filed any document to show that he is the owner of the subject vehicle. As per the registration certificate vehicle is in the name of Sathish Reddy Nalla. Petitioner is contending that he has purchased the said vehicle under an un- registered agreement of sale dated 01.12.2022 from the said Sathish Reddy Nalla. He has filed copy of the said un-registered sale deed. 6. Show cause notice was issued to the petitioner herein. Even confiscation order is in the name of the petitioner and in the confiscation order owner of the vehicle is mentioned as petitioner. However, it is a factual aspect which the 4 th respondent has to consider. 7. According to learned Assistant Government Pleader for Mines and Geology, the subject vehicle is involved in three crimes and this is the 4th crime. 8. However, it is a factual aspect which the 4 th respondent has to consider. 7. According to learned Assistant Government Pleader for Mines and Geology, the subject vehicle is involved in three crimes and this is the 4th crime. 8. In the light of the said submission, it is relevant to extract Rule 13 (3) & (4) of the Telangana State Sand Mining Rules, 2015: (3) The vehicle/machinery, found involved more than two times, such vehicle/machinery alongwith sand shall be seized/confiscated by the following officers in the State authorized under these rules: a) District Collector (Concerned) b) Joint Collector (Concerned) c) Superintendent of Police (Concerned) d) Additional Superintendent of Police/OSD (Concerned) e) Sub-Collector/Revenue Divisional Officer (concerned). f) Tahsildar (concerned) Mandal. g) Sub-Divisional Police Officer (concerned). h) Station House Officer (concerned). i) District/Divisional Panchayat Officer j) Deputy Director of Mines and Geology (Concerned) k) Asst. Director of Mines & Geology (concerned). l) Any other officer nominated by the Dist. Collector (concerned). (4) An officer authorized under sub-rule (3) shall follow the procedure as under to confiscate any vehicle/machinery: a) Issue show cause notice to the person/owner from whom the vehicle/machinery is to be seizure/confiscated. b) Immediately take steps by preparing seizure/confiscation report and produce the vehicle/machinery before the Competent Court to enable the person/owner from whom the vehicle/machinery is seized to file an application under Section 451 of Criminal Procedure Code (Cr.P.C) for release of vehicle/machinery, whereupon the Competent Court shall pass orders in accordance with law. c) In the alternative, the person/owner from whom vehicle/machinery is to be seized shall be permitted to submit explanation to the show cause notice alongwith an application to the authorized officer seeking release of vehicle/machinery. d) Upon receipt of explanation to the show cause notice and the application for release of vehicle/machinery, the authorized officer shall consider the application and pass appropriate orders in accordance with law, within a period of two weeks there from, on production of security of Rs.25,000/- in case of tractor; Rs.1,00,000/- in case of vehicle upto 10 tonnes capacity; Rs.1,50,000/- in case of vehicle above 10 tonnes capacity and Rs.2,00,000/- for any machinery, in the form of Demand Draft drawn in favour of the authorized officer alongwith an affidavit/undertaking to produce the seized vehicle/machinery as and when required. e) If the person from whom the vehicle/machinery is seized, fails to comply sub-rule (4) clause ‘d’, the authorized officer shall issue order for disposal of seized vehicle/machinery in public auction in consultation with Transport Department within (15) days from the date of seizure order. f) The fine paid as per the orders of Competent Court; the security furnished as per sub-rule (4) clause ‘d’ OR the proceeds as per sub-rule (4) clause ‘e’ shall be deposited in the head of account ‘0853-102-81–other receipts’ and the original challan shall be sent to the Asst. Director of Mines & Geology concerned. Therefore, petitioner has to approach 4 th respondent by way of submitting an application in terms of Rule 13 (3) of the Telangana State Sand Mining Rules, 2015 along with relevant documents. It is for the 4th respondent to consider the same and dispose of the said application. 9. In the light of the aforesaid discussion, this writ petition is disposed of granting liberty to the petitioner to approach 4th respondent by way of submitting an application in terms of Rule 13 of the Telangana State Sand Mining Rules, 2015 with a request to release the subject vehicle and on receipt of the same, 4 th respondent shall consider the same in terms of Rule 13 of the Telangana State Sand Mining Rules, 2015 and dispose it of strictly in accordance with law within a period of (02) weeks thereafter. It is for the 4 th respondent to consider the ownership of the subject vehicle and satisfy himself basing on the documents submitted by the petitioner. 10. With the aforesaid directions, this writ petition is disposed of. There shall be no order as to costs. 11. As a sequel, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.