THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.31872 of 2014 Between:
Dated 24th October, 2014 Nagula Rajesham and another And …Petitioners The Govt.of Telangana rep.by its Principal Secretary to Panchayat Raj Department, Secretariat Buildings, Hyderabad and others …Respondents Counsel for the petitioners: Sri Ram Prasad Teegala Counsel for respondent Nos.1 & 2: GP for Panchayat Raj Counsel for respondent No.3: AGP for Revenue Counsel for respondent No.4: AGP for Home The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the seizure of petitioners’ tractors and trailors bearing registration Nos.AP15BB 5204, AP15 TC 2371, AP15Y 2660 and AP15 Y 2661 as illegal and arbitrary.
At the hearing, it is admitted among the learned counsel for both the parties that this Court has been passing orders in cases of similar nature such as the present one with the direction to the officer, who has seized the vehicle, to take a decision within three days from the date of application; examine whether the vehicle was used in committing the offence for the first and the second time and if so, consider directing release of the vehicle on payment of penalty of Rs.10,000/- (Rupees ten thousand only). If, on the other hand, the vehicle is found to have been used in the commission of the offence for third or more times, the officer concerned shall consider directing release of the vehicle in accordance with Rule 9-Q (6) of the Andhra Pradesh Minor Mineral Concession Rules, 1966 on a bond being executed by the owner of the vehicle for its production as and when directed by the criminal Court. W.P.Nos.21958 and 28548 of 2014 are two such cases where such orders have been passed.
Following the same, this writ petition stands disposed of with the direction that the observations and directions contained therein shall form part of this order.
As a sequel to disposal of the writ petition, W.P.M.P.No.39840 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 24th October, 2014
VGB