THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.31467 of 2025

ORDER

Assistant Government Pleader for Mines and Geology appearing for respondent Nos.1 and 2 and learned Assistant Government for Home appearing for respondent No.3 and learned Assistant Government Pleader for Revenue appearing for respondent No.4. With their consent, this writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition is filed seeking following prayer:-

“…declaring the action of the respondents in seizing Tractor No TS 36 N 4205 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 and 300A and 301 of Constitution of India and consequently direct the respondents to release the Tractor No.TS 36 N 4205 of the petitioner forthwith.”

3. Brief facts stated in this writ petition are that the petitioner claims to have purchased a Tractor bearing No.TS-36-N-4205 for commercial use and was eking out livelihood by running the said Tractor on hire. On 11.10.2025, when the petitioner was carrying sand for personal use from Dasaram to Jakkapur, as per permit, respondent No.3 stopped and seized the vehicle and kept in the custody of respondent No.3 Police Station. It is further stated that respondent authorities without following due procedure as envisaged in Clause 13(3) of G.O.Ms.No.3 dated 08.01.2015, issued by Industries and Commerce (Mines-I) Department, had not handed over the custody of the subject vehicle to the competent Court of law. The main grievance of the petitioner is that though the petitioner requested respondent No.3 several times to release the subject vehicle, the same has not been released. Aggrieved by the same, this writ petition is filed.

4. Today when the matter has been taken up for hearing, learned counsel for the petitioner submits that in similar circumstance this Court in W.P.No.21381 of 2025 dated

23.07.2025, passed the following order:-

“6. In view of the submissions made by the learned counsel appearing on either side and in terms of order passed by this Court in W.P.No.8163 of 2025 dated 18.03.2025, this writ petition is disposed of with a liberty to petitioner to approach respondent No.2 by way of submitting representation along with all original documents in respect of the ownership of the subject vehicle and inform the respondent No.2 that they are ready to comply with Rule 12 of the Rules, 2015. On receipt of the said representation, respondent No.2 shall consider and dispose the same in terms of Rule 12 of the Rules, 2015, within a period of (02) weeks from the date of receipt of petitioner representation."

pass similar orders as passed in W.P.No.21381 of 2025 dated

23.07.2025.

6. Learned Assistant Government Pleader for Home submits that appropriate orders be passed to that effect.

7. In view of the submissions made by the learned counsel appearing on either side, this writ petition is disposed of granting liberty to petitioner to approach respondent No.3 by way of submitting representation along with all original documents in respect of the ownership of the subject vehicle and may inform respondent No.3 that they are ready to comply with Rule 12 of the Rules, 2015. On receipt of the said representation, respondent No.3 shall consider and dispose the same in terms of Rule 12 of the Rules, 2015, within a period of (02) weeks from the date of receipt of petitioner’s representation.

Miscellaneous applications, if any pending, shall stand closed. No order as to costs.

_________________________________ JUSTICE N.V.SHRAVAN KUMAR Date: 16.10.2025 mrm