HON’BLE SRI JUSTICE T. VINOD KUMAR W.P.No.151 of 2025

O R D E R

Heard learned counsel for petitioners, learned Government Pleader for Mines & Geology appearing for respondent Nos.1 & 2, learned Government Pleader for Home appearing for respondent No.3, learned Government Pleader for Revenue appearing for respondent No.4, and with the consent of the counsel appearing for the respective parties, the Writ Petition is taken up for hearing and disposal at admission stage.

2. Shorn of unnecessary details, the case of the petitioners, in brief, is that their vehicle viz., Lorry bearing No.TS 18 T 8887 was seized by the respondents on 26.12.2024, when the same was carrying sand for personal use.

3. Petitioners further contend that despite the petitioners approaching the respondents-authorities seeking release of the vehicle, the same has not been released, due to which the vehicle of the petitioners i.e., Lorry bearing No.TS 18 T 8887 is exposed to vagaries of the nature causing damage to the vehicle belonging to the petitioners, who are eking out their livelihood by plying the aforesaid vehicle.

4. Per contra, learned Government Pleader appearing on behalf of respondents submits that the authorities on noticing the petitioners using the aforesaid vehicle for illegal transportation of sand, have seized the vehicle and registered a case vide Crime No.165/2024 on 30.12.2024.

5. Learned Government Pleader further submits that on registering the aforesaid crime, the authorities have deposited the seized vehicle viz., Lorry before the concerned Court, and thus if the petitioners intend to seek release of the vehicle, they have to approach the concerned Court.

6. I have taken note of the respective submissions made.

7 This Court, in similar circumstances in W.P.No.35559 of 2024, while disposing of the said Writ Petition by order dt.18.12.2024, had granted liberty to the petitioner therein to approach the jurisdictional Magistrate and to make application seeking for release of the vehicle. This Court, in the aforesaid writ petition, has also granted further liberty to the petitioner therein to directly approach the 2^nd respondent therein for release of the vehicle and the authority was directed to act in accordance with G.O.Ms.No.15, dt.19.02.2015.

8. Further, this Court in the aforesaid Writ Petition also directed the transport authorities to verify the registration of the vehicle and the tax validity before releasing the vehicle and also granted liberty to the authorities to impose penalty in case of any violation in that regard.

9. Having regard to the order passed by this Court in W.P.No.35559 of 2024, and in order to maintain parity, this Court is of the view that the petitioners herein are also entitled for being granted similar relief.

10. In view of the above, and for the reasons as stated in W.P.No.35559 of 2024, dt.18.12.2024, and in terms thereof, this Writ Petition is disposed of. No order as to costs.

11. Registry is directed to append a copy of the order passed in W.P.No.35559 of 2024, dt.18.12.2024, to this order.

12. Consequently, miscellaneous petitions, if any, pending in these writ petitions shall stand closed.

_____________________ T. VINOD KUMAR, J

03^rd January, 2025.

Note: Issue CC today.

B/o(gra)

THE HON’BLE SRI JUSTICE T. VINOD KUMAR W.P.No.151 of 2025 Dt.03.01.2025 gra