THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.32592 of 2025

ORDER

Assistant Government Pleader for Mines and Geology appearing on behalf of respondent Nos.1 and 4; learned Assistant Government Pleader for Home appearing for respondent No.2 and 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 has been filed seeking the following prayer:-

“…declaring the action of the respondents in seizing the Lorry bearing No.MH 34 BZ 3111 without following any procedure under statutes contemplated under Section 9Q sub Section 7 of Minor Mineral Concession Rules belonging to the petitioners as being illegal, arbitrary and against the principles of natural justice and violative of Articles 14, 16, 19(1)(g), 21, 300A and 301 of Constitution of India and consequently direct the respondents to release the Lorry bearing No.MH 34 BZ 3111 seized in connection with FIR No.557 of 2025 dated 20 10 2025 forthwith.”

3. The facts of the case in brief as stated are that petitioner claims to be owner of the lorry bearing No.MH 34 BZ 3111 which is being used for commercial purpose. It is submitted that when the said vehicle was carrying sand for personal use, near Mavala Mandal, Adilabad District at 11.00 hrs., respondent No.2 checked the vehicle and seized the same and kept in the office premises of respondent No.2. It is submitted that vehicle is running with all required permissions. 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.2 several times to release the subject vehicle, the same has not been released. Aggrieved by the same, this writ petition is filed.

4. Learned Assistant Government Pleader for Home placed on record instructions issued by Inspector of Police, Masab Tank Police Station, Hyderabad and would submit that the subject vehicle is illegally transporting sand without any valid permissions and a case was registered in Cr.No.557/2025 under Section 303(2) BNS, Section 21(1) of MMDR Act and Section 3 of PDPP Act on the file of Mavala Police Station, Adilabad District. It is further submitted that the lorry has been duly deposited before the Judicial First Class Magistrate Court vide CFR No.4178 and the petitioner may seek release of vehicle from the said Court.

Court to grant liberty to the petitioner to file appropriate application before the trial Court for release of vehicle.

6. In that view of the matter, this writ petition is disposed of granting liberty to petitioner to seek appropriate remedy as available under law before the trial court.

7. With the above observation, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.

_________________________________ JUSTICE N.V.SHRAVAN KUMAR Date: 28.10.2025 mrm