Research › Search › Judgment

Telangana High Court · body

2025 DIGILAW 686 (TS)

Mukurala Narsimha Goud v. State of Telangana

2025-05-21

J.SREENIVAS RAO

body2025
ORDER : 1. This Writ Petition is filed seeking the following relief:- “to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the seizure of the 3rd respondent police in seizing the petitioner vehicles i.e., Tractor bearing No.TS-31-T-1015 and Trailer No.TS-31-T-2076 and kept into the police station on the ground of illegal transportation of the sand without looking into the valid permission of transporting the sand by the petitioner vide Booking ID No.MIVB2025138421 allotted date 14.05.2025 Order Tracking ID.MIV020255655017, illegally and highhandedly seized the vehicles of the petitioner and kept the said vehicle into the custody of the 3rd respondent police station is highly illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, 19, 21 and 300-A of Constitution of India and consequently directed the respondents particularly 3rd respondent police to release and handover the seized vehicles to the petitioner immediately in the interest of justice and to pass...” 2. Heard Sri G. Chandrasekhar, learned counsel for the petitioner, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3 and learned Assistant Government Pleader for Mines and Geology appearing for respondent No.4. With their consent, writ petition is disposed of at the admission stage itself. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the vehicle Tractor bearing No. TS-31-T-1015 and Trailer bearing No.TS-31-T-2076. The said vehicle was seized by the 3 rd respondent in connection with Crime No.69 of 2025 on the alleged ground that petitioner is transporting sand illegally. Crime No.69 of 2025 was registered on 14.05.2025 for the offences under Section 303(2) of the Bharatiya Nagarik Suraksha Sanhita (BNS), Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) and Section 3 of the Prevention of Damage to Public Property Act, 1984 (PDPPA). The said vehicle is under the custody of 3 rd respondent. 4. Learned counsel further submits that petitioner is ready and willing to cooperate with the investigation and in similar circumstances, this Court disposed of W.P.No.8163 of 2025 on 18.03.2025 with certain conditions. Therefore, the petitioner is entitled for the very same order. 5. Learned Assistant Government Pleader for Home and learned Assistant Government Pleader for Mines and Geology has not disputed the same. 6. Therefore, the petitioner is entitled for the very same order. 5. Learned Assistant Government Pleader for Home and learned Assistant Government Pleader for Mines and Geology has not disputed the same. 6. In the light of the said submission, it is appropriate to extract Rule 12 of the Telangana State Sand Mining Rules, 2015, which is as under: “12. For the Rule-13, under the heading ”Offences” the following shall be substituted “Any vehicle found transporting sand without valid transit pass issued by the Asst. Director of Mines & Geology concerned to Telangana State Mineral Development Corporation OR transit form issued to the pattadar for de-casting sand from patta land will be deemed illegal and in contravention of these rules.” The definition of transit form and transit pass is as described below: S. No. Type of Documentary Evidence Purpose Rule 1. Transit form Source to Destination in respect of de-casting in pattaland Form-S3 [Rule 7(4) of TSSMR, 2015]] 2. Transit pass Stockyard to Destination Form-E in respect of TSMDC Form-E [Rule 6 of (1) Any vehicle transporting sand along with transit pass issued by the Asst. Director of Mines & Geology concerned to Telangana State Mineral Development Corporation OR transit form issued to the pattadar, if found, carrying sand in excess of the quantity specified in the transit pass/transit form OR in excess of quantity permitted by the Transport Dept., such excess quantity shall be imposed a fine @ Rs.2000/- per MT. (2) Any vehicle/machinery, if found, involved in illegal extraction and transportation of sand in contravention of these rules shall be levied penalty for such each vehicle/machinery as detailed below: Vehicle Type Fist time (In Rs.) Second time (In Rs.) Tractor 5,000/- 15,000/- Lorry upto 10 tons capacity 25,000/- 50,000/- Lorry above 10 tons capacity 50,000/- 1,00,000/- Machinery 50,000/- 1,00,000/- (3) The vehicle/machinery, found involved more than two times, such vehicle/machinery along with 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).” 7. 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).” 7. In the light of the said discussion, this writ petition is disposed of directing the petitioner to approach 3 rd respondent by way of submitting a representation along with all original documents in respect of the ownership of the subject vehicle and inform the 3rd respondent that petitioner is ready to comply with Rule 12 of the Rules. On receipt of the said representation, the 3 rd respondent shall consider the same and dispose of in terms of Rule 12 of the Rules, within a period of (02) weeks thereafter. 8. With the aforesaid direction, this writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed.