THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.24329 of 2025

ORDER

Heard learned counsel for the petitioner and Mr.K.Gautham Reddy, learned Assistant Government Pleader for Mines and Geology appearing for respondent Nos.1 and 4 and Mr.M.Srinivas, learned Assistant Government 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 is filed seeking following prayer:-

“declaring the action of the respondents in seizing Vehicle No.TS 34 TA 9909 Goods Carriage of the petitioner without following any procedure under statutes contemplated under Section 9Q Sub Section 7 of Minor Mineral Concession Rules 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 Vehicle No.TS-34-TA-9909 Goods Carriage of the petitioner forthwith.”

3. Brief facts stated in this writ petition are that the petitioner purchased Goods Carriage vehicle bearing No.TS-34-TA-9909 for commercial use. On 10.07.2025, when the petitioner was loading sand dump for personal use, respondent No.2, for the offences under Section 303 (2) BNS, Section 3 of PDPP Act, registered FIR No.256 of 2025 against the petitioner and basing on the said FIR, respondents had seized the subject vehicle. 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 case of the petitioner is that as per the norms in G.O.Ms.Nos.3 dated 08.01.2015, modified vide G.O.Ms.No.15 dated 19.02.2015, petitioner requested respondent Nos.2 and 3 to release the subject vehicle. However, the subject vehicle 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.

6. Learned Assistant Government Pleader for Home appearing for respondent No.2 on instructions issued by Sub-Inspector of Police, Vikarabad Police Station, Vikarabad District, would submit that the subject vehicle was found with load of sand committing illegal sand transport. Thereafter, Panchanama was conducted and the petitioner along with the subject vehicle was brought to the police station and Cr.No.256 of 2025 under Section 303(2) BNS, 3 of PDPP Act was registered. It is further submitted that petitioner’s vehicle was seized and deposited before Judicial First Class Magistrate, Vikarabad Dsitrict, Vikarabad through Form-66 dated 18.08.2025.

7. Learned Assistant Government Pleader submits that since Form 66 is filed before the Trial Court, the petitioner had to file appropriate application before the Trial Court for release of vehicle