IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.34409 of 2014 BETWEEN Julapala Veeranna AND ... PETITIONER The State of Andhra Pradesh, Rep. by its Principal Secretary (Department of Revenue), A.P. Secretariat Building, Hyderabad and others.
...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. Petitioner states that his vehicle was also seized along with the vehicles of the Society, which is carrying on quarrying operations. According to the petitioner, neither he nor his vehicle is in any way concerned with the said quarrying operations and it was merely parked in the premises of the quarrying society. It is also pointed out that to the extent of vehicles seized from the said quarrying society, this court granted an interim direction to release the vehicles subject to certain conditions vide WP MP No.35633 of 2014 in W.P.No.28464 of 2014, dated 22.09.2014.
3. Learned Government Pleader for Mines states that as per the panchanama, petitioner’s vehicle also was found involved and, in any case, since the enquiry is pending, whether petitioner is innocent or not would be known only after enquiry.
4. Keeping in view the fact that whether the petitioner’s vehicle was also involved in the illegal quarrying is subject to appropriate enquiry being conducted, in my view, petitioner’s vehicle can also be released subject to some conditions as imposed by this court in the aforesaid order, dated 22.09.2014.
5. Since the grievance of the petitioner is only regarding the release of the vehicle, the writ petition is disposed of directing respondent Nos.2 and 3 to release the seized vehicle of the petitioner i.e., Tata Hitachi Excavator-200 with Machine No.2001-8127, seized on 20.08.2014 from the premises of Lalita Stone Crushers, Yelleswaram, subject to the condition of petitioner depositing a sum of Rs.1,00,000/- (Rupees one lakh only) and producing ownership document. Petitioner shall also furnish an undertaking that he will participate in the enquiry and shall not alienate or transfer the said machine nor create any third party interest and maintain the machine in running condition. Respondent No.2 is at liberty to conduct an enquiry after notice to all the parties including the petitioner and conclude the enquiry expeditiously within two months. The conditions imposed supra are subject to further orders that would be passed by respondent No.2.
As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J November 17, 2014 LMV