Failure to submit adequate ownership evidence leads to enforcement of confiscation orders under sand mining regulations, requiring compliance with procedural rules for vehicle recovery.

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 3 03 (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. 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 f