ORDER:

The present Writ Petition is filed under Section 226 of Constitution of India seeking a Writ of Mandamus declaring the action of the 3rd respondent in seizing the petitioner’s 3 Tippers 1) Tipper bearing No.TS 28 TA 6669, 2) Tipper bearing No.TS 04 UD 4530, 3) Tipper bearing No TS 28 TA 9189 and TATA Hitachi Excavator EX 200LC bearing Serial No.S20023295 in connection with Crime No 61 of 2026, without following the procedure as illegal, irregular, ultra virus, arbitrary, high-handed, malafide, contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental right guaranteed under Article 19(1)(g) of the Constitution of India and consequentially direct the respondents to release the Tipper bearing No.TS 28 TA 6669, Tipper bearing No.TS 04 UD 4530, Tipper bearing No.TS 28 TA 9189 and TATA Hitachi Excavator EX 200LC bearing Serial No.S20023295 forthwith in the interest of justice.

2. Heard Ms. J Suchitha, learned Assistant Government Pleader for Mines and Geology, appearing for the respondent Nos.1 and 2 and Sri Sridhar Bhuvangiri, learned Assistant Government Pleader for Home appearing for respondent No.3 and Ms. T. Swetcha, learned Assistant Government Pleader for Revenue, appearing for respondent No.4.

I. FACTS:

3. The case of the petitioner, as pleaded in the affidavit filed in support of the Writ Petition, is that he is the owner of the three tipper lorries bearing Registration Nos.TS 28 TA 6669, TS 04 UD 4530 and TS 28 TA 9189 and TATA Hitachi Excavator EX 200LC bearing Serial No.S20023295 and earns his livelihood by engaging the said vehicles for transportation of goods.

4. It is stated that on 15.05.2026, based on a complaint lodged by the Assistant Executive Engineer, Irrigation Department, alleging that the petitioner was transporting earth from Chintala Cheruvu (tank) situated in Pathuru Village, the 3rd Respondent registered a case in Crime No.61 of 2026 under Sections 329(3) and 303(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), and Section 3 of the Prevention of Damage to Public Property Act. It is further submitted that on the very same day, when the petitioner’s vehicles were parked in the parking yard without carrying any load, the police authorities forcibly took away the said vehicles to the police station and seized them. Thereafter, the vehicles were kept in their premises.

5. Aggrieved thereby, the present Writ Petition has been filed.

II. SUBMISSIONS:

6. Learned counsel for the petitioner submits that the subject vehicles were taken from a parking yard covered by CCTV surveillance and has been falsely implicated in the case. At the time of seizure, the vehicles were empty, and the petitioner had not transported any earth as alleged. The petitioner's vehicles were not involved in any offence. It is further submitted that earth is a minor mineral, and even assuming, without admitting, that the vehicles had transported mineral without a valid permit, the 2nd respondent is authorized only to impose the penalty prescribed under Clause (iii) of Sub-rule (3) of Rule 26 of the Telangana Minor Mineral Concession Rules, 1966, which reads as follows:

"if the Driver or person in-charge of the vehicle fails to produce a valid permit issued by the concerned Asst. Director of Mines & Geology or an officer authorized by the Director of Mines & Geology, the officer in-charge of the check post or barrier or during the interception of the movement of the vehicle, may require the Driver or the owner or person in-charge of the vehicle to pay penalty equal to Market Value of the Miner along with Seigniorage Fee prevalent at that time.".

7. However, without providing any opportunity to the petitioner and without following the procedure prescribed under law, the 3rd respondent seized the vehicles without proper application of mind. Further, despite having no authority or power to do so, the 3rd respondent registered the above case and seized the petitioner's vehicle.