THE HON’BLE SRI JUSTICE K.LAKSHMAN

ORDER:

Heard Sri Madas Bharath Chandra, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue, learned Assistant Government Pleader for Home, and learned Govt. Pleader for Mines and Geology.

2. This writ petition is filed to declare the action of respondents in seizing the Mahendra Bolero Pik-up Engine No.TNM1L85549 and Regn.No.TS23T7996 (for short ‘the subject vehicle’) of the petitioner without following any procedure laid down under policy decision taken by the Government and in terms of G.O.Ms.No.15, Industries & Commerce (Mines-I) Department, dated 19.02.2015, as illegal and consequently direct the respondents to release the subject vehicle. 3. Petitioner herein is claiming that he is the absolute owner and possessor of Mahendra Bolero Pik-up Engine No.TNM1L85549 and Regn.No.TS23T7996. In proof of the same, he has filed a copy of the Registration Certificate. The said vehicle was seized in Crime No.37 of 2025, PS Ganneruvaram, Karimnagar District on the allegation of illegal transportation of sand. The petitioner is ready to comply with Rule 12 of the Telangana State Sand Mining Rules, 2015 (TSSM Rules).

4. Whereas, learned Assistant Government Pleader for Home has produced written instructions of respondent No.2, wherein, it is stated that the Investigating Officer in the present crime has already deposited the crime property on 03.04.2025 before the learned Judicial Magistrate of First Class, Karimnagar vide SI.No.29 of 2025. Therefore, the petitioner has to file an application before the said Court seeking release/interim custody of the said vehicle.

5. In the light of the said submission, it is relevant to note that Rule 12 of TSSM Rules issued by the Government vide G.O.Ms.No.3, dated 8.01.2015 was amended vide G.O.Ms.No.15, Industries & Commerce (Mines-I) Department, dated 19.02.2015; the same is extracted below:

“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 Purpose Rule Evidence

(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) Sta