THE HON’BLE SRI JUSTICE K. LAKSHMAN

ORDER:

Heard learned counsel for petitioner, learned Assistant Government Pleader for Mines & Geology appearing for 1^st and 4^th respondents, learned Assistant Government Pleader for Home appearing for 2^nd respondent and learned Assistant Government Pleader for Revenue appearing for 3^rd respondent. 2. Petitioner is claiming that he is the owner and possessor of the vehicle bearing registration No.AP04 TX 6489 (Goods Carriage-HMV). In proof of the same, he has filed a copy of certificate of registration. The subject vehicle was seized by 2^nd respondent on 03.04.2025 on the allegation of illegal transportation of sand. The subject vehicle is in 2^nd respondent police station, and it is subjected to sun and rain. However, 2^nd respondent is not taking steps to deposit subject vehicle before the learned Magistrate concerned. Therefore, petitioner filed the present Writ Petition to release the subject vehicle.

3. Learned counsel for petitioner would contend that petitioner is ready to comply with Rule 13 of the Telangana State Sand Mining Rules, 2015 (for short ‘the Rules, 2015’), as amended vide G.O.Ms.No.15, dated 19.02.2015.

4. Learned Assistant Government Pleader for Home, on instructions, would submit that the subject vehicle is with 2^nd respondent police station only. If petitioner submits a representation to 2^nd respondent by stating that he is ready to comply with the Rules, 2015, and requesting to release the subject vehicle, 2^nd respondent will consider the same.

5. In the light of the above, it is appropriate to extract Rule

13 of the Rules, 2015, as under:

“Offences:

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 Purpose Rule Evidence

1. Transit form Source to Destination in Form-S3 respect of de-casting in patta (Rule 7 (4) land of TSSMR, 2015)

2 Transit pass Stockyard to Destination in Form-E respect of TSMDC (Rule 6 of APMDR, 2000)

(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:

(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).

6. In the light of the said discussion, this Writ Petition is disposed of permitting the petitioner to submit a representation along with all original document