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2025 DIGILAW 687 (TS)

Mallaveni Raj Kumar v. State of Telangana

2025-05-21

J.SREENIVAS RAO

body2025
ORDER : 1. This Writ Petition is filed seeking the following relief:- “to issue appropriate writ order or direction more particularly one in the nature of Mandamus declaring the action of the respondents in seizing vehicle Tractor bearing No.TS 02-UB-2078 and Trolly bearing No.TS 02-UB-2079 of the petitioner without following any procedure under statutes contemplated under Section 9Q Sub Section 7 of Minor Mineral Concession Rules as being illegal, arbitrary and against the Principles of natural justice and violative of Articles 14, 16, 19 (1) (g), 21, 300-A and 301 of Constitution of India and consequently direct the respondents to release the Tractor bearing No.TS 02-UB-2078 and Trolly bearing No.TS 02-UB-2079 seized in connection with FIR No.88 of 2025 dated 15.05.2025 to the petitioner forthwith and may pass. 2. Heard Sri P. Ramulu, learned counsel for the petitioner, learned Assistant Government Pleader for Mines and Geology appearing for respondent Nos.1 and 4, learned Assistant Government Pleader for Home appearing for respondent No.2 and learned Assistant Government Pleader for Revenue appearing for respondent No.3. With their consent, writ petition is disposed of at the admission stage. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the vehicle Tractor bearing No. TS-02-UB-2078 and Trolly bearing No.TS 02-UB-2079. The said vehicle was seized by the 2 nd respondent in connection with Crime No.88 of 2025 on the alleged ground that petitioner is transporting sand illegally. Crime No.88 of 2025 was registered on 15.05.2025 for the offences under Section 303(2) of the Bharatiya Nagarik Suraksha Sanhita (BNS) and Section 3 of the Prevention of Damage to Public Property Act, 1984 (PDPPA). The said vehicle is under the custody of 2 nd 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 have 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 (for short “the Rules”), which is as under: “12. 5. Learned Assistant Government Pleader for Home and learned Assistant Government Pleader for Mines and Geology have 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 (for short “the Rules”), 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 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 First 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 2nd respondent by way of submitting a representation along with all original documents in respect of the ownership of the subject vehicle and inform the 2 nd respondent that petitioner is ready to comply with Rule 12 of the Rules. On receipt of the said representation, the 2 nd 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.