THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.33455 of 2025

ORDER

Heard learned counsel for the petitioner and Mr.K.Shantan Rao, learned Assistant Government Pleader for Mines and Geology appearing for respondent No.1; learned Assistant Government for Home appearing for respondent No.2 and Mr.H.Rakesh Kumar, learned Assistant Government Pleader for Revenue appearing for respondent No.3. 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 respondent No.2 in seizing the petitioner No.1’s vehicles bearing No.TS 08 UJ 1109 and TS 08 UJ 1118 and the petitioner No.2’s vehicle bearing No.TS 08 UH 2359 in Crime No.270 of 2025 of PS Siddipet II Town, Siddipet District along with sand without following any procedure under statutes contemplated under rule 9(Q), Sub rule 7 of Minor Mineral Concession Rules as being illegal, arbitrary and against the principles of natural justice and violative of Articles 14, 19(1)(g) and 21 of Constitution of India Consequently direct the respondents to release vehicles bearing No.TS 08 UJ 1109 and TS 08 UJ 1118 in favour of the petitioner No.1 and vehicle bearing No.TS 08 UH 2359 in favour of the petitioner No.2 immediately along with sand.”

3. The facts of the case in brief as stated are that petitioner Nos.1 and 2 claims to be owners of seized vehicles bearing No.TS 08 UJ 1109 and TS 08 UJ 1118 owned by petitioner No.1 and vehicle bearing No.TS 08 UH 2359 owned by petitioner No.2. The said vehicles were used for transporting sand and the same were purchased on hypothecation. It is submitted that on 28.10.2025 when the said vehicles were transporting sand with valid permits, respondent No.2 Police had seized the said vehicles without any power or authority and the vehicles were kept in the custody of respondent No.2 and are not releasing the same despite showing the valid permits. It is further submitted that, the 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, have 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.2 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."

5. Learned counsel for the petitioner further pray this Court to pass similar orders as passed in W.P.No.21381 of 2025 dated 23.07.2025 and also prays to release the vehicles along with sand.

6. Learned Assistant Government Pleader for Home submits that appropriate orders be passed to that effect and to the extent of sand, which is being transported in the said vehicles, if the sand was transported with valid permission, respondent authorities would consider the same and take appropriate action.

7. In view of the submissions made by the learned counsel appearing on either side this writ petition