HON’BLE SRI JUSTICE K. LAKSHMAN

ORAL ORDER

Heard learned counsel for the petitioner, learned Assistant Government Pleader for Mines and Geology appearing on behalf of respondent Nos.1 and 4, learned Assistant Government Pleader for Home appearing on behalf of respondent No.2 and learned Assistant Government Pleader for Revenue appearing on behalf of respondent No.3.

2. The petitioner herein is claiming that he is the owner and possessor of the vehicle bearing registration No.JH 05AU 5606 (Goods Carriage-HMV). In proof of the same, he has filed copy of certificate of registration. The subject vehicle was seized in connection with Crime No.62 of 2025 pending on the file of respondent No.2 on 21.03.2025. The allegation levelled against the petitioner is with regard to illegal transportation of sand. The subject vehicle is in respondent No.2 police station, and it is subjected to sun and rain. Therefore, the petitioner filed the present writ petition to release the said vehicle.

3. Learned Assistant Government Pleader for Home, on instructions, would submit that the subject vehicle is in respondent No.2 police station.

4. Learned counsel for petitioner would contend that the petitioner will comply with Rule - 12 of the Telangana State Sand Mining Rules, 2015 issued by the Government vide G.O.Ms.No.8, dated 08.01.2015 and amended Rules issued by the Government vide G.O.Ms.No.15, dated 19.02.2015.

5. In the light of the said submission, it is appropriate to extract Rule 12 of the Telangana State Sand Mining Rules, 2015, 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 Purpose Rule Evidence

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

2 Transit pass Stockyard to Destination in Form-E (Rule 6 of respect of TSMDC 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 directing the petitioner to approach respondent No.2 by way of submitting a represe