IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) BETWEEN THURSDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.30538 of 2014 E. Jagadish and two others.
AND ... PETITIONERS The State of Andhra Pradesh, Rep. by its Principal Secretary to Industries and Commerce Department, Secretariat, Hyderabad and others.
...RESPONDENTS Counsel for the Petitioners: MR. KAMBHAMPATI RAMESH BABU Counsel for the Respondents: GP FOR MINES & GEOLOGY GP FOR HOME GP FOR VIGILANCE & ENFORCEMENT The Court made the following:
ORDER:
Petitioners herein, who are owners of three vehicles as shown in the prayer, question the seizure of the said vehicles by the respondents on the allegation that they are involved in illicit transportation of gravel under panchanama on 30.09.2014.
The said vehicles are stated to be in the custody of the respondents and hence, the petitioners question the very act of seizing, as the petitioners are no way involved in any such illegal extraction of gravel. Petitioner also seeks interim direction of release of vehicles.
2. Learned Government Pleader for Mines and Geology, who has received instructions, has placed before the Court the policy of the State, which is enunciated in G.O.Ms.No.95 Industries and Commerce (Mines IV) Department dated 28.08.2014.
3. In terms of the aforesaid G.O., similar orders were already passed by this Court in various matters including WP.No.29957 of 2014 dated 13.10.2014.
In view of the above, this writ petition is also disposed of reiterating the directions in WP.No.29957 of 2014, as under:
1. Petitioners are at liberty to approach respondent No.2 and make an application for release of their respective vehicle.
2. On such application being made, respondent No.2 shall pass appropriate order as to release by directing the petitioners to deposit 50% of the value of the respective vehicles, as they stand on the date of seizure and for that purpose respondent No.2 is at liberty to take assistance of the Motor Vehicle Inspector.
3. Petitioners shall also undertake that they shall not alienate or otherwise create a third party interest with regard to the said vehicles and shall produce the vehicles as and when required and called upon by respondent No.2
4. Respondent No.2 shall also undertake enquiry into the matter as to whether there is any violation on the part of the petitioners or any other person with regard to illegal extraction or illegal transportation of sand/gravel and an appropriate order be passed after notice to the concerned parties by giving them an opportunity.
5. The order of release passed hereinabove shall be 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 October 30, 2014 Note: Furnish C.C. of the order by 31.10.2014. (B/o) DSK