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Judgment
The State of Telangana, rep. by its Prl.Secretary, Transport Department,Secretariat, Hyderabad.
The Regional Transport authority, Vikarabad, Vikarabad District.
The District Transport Officer, Vikarabad, Vikarabad District.
The Motor Vehicle Inspector, O/o. District Transport Office at Vikarabad, Vikarabad District.
The Assistant Director of Mines and Geology, Tandur, Vikarabad District.
The Tahsildar, Vikarabad Mandal, Vikarabaad District
The Station House Officer, Vikarabad Town PS, Vikarabad District.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate writ, order or direction more in the nature of Mandamus, declaring the action of the respondents in seizing the petitioner's Goods Carriage HMV vehicle No. TS 34 TB 0909 in spite of having valid permission from the Telangana Mineral Development Corporation i.e., Form-E Transit Pass and also petitioner is ready to pay the penalty for excess load of sand U/s.194 of Motor
Vehicle Act 1908 and also registered the crime No.155 of 2026 Dt.12-05-2026 on the file of Vikarabad Town Police Station in spite of valid permission from the Telangana Mineral Development Corporation i.e., Form-E Transit Pass Vide Transit Pass No. TRAN10170856E4 Under Telangana state sand mining rules(amendment) 2015 is illegal, arbitrary and against the principles of natural justice and violative of Articles 14, 16, 19 (1) (g), 21, 300-A and 301 of Constitution of India and consequently direct the respondents to release the Goods Carriage HMV vehicle No. TS 34 TB 0909 of the petitioner forthwith.
I.A. NO: 1 OF 2026
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release the petitioner's Goods Carriage HMV vehicle No. TS 34 TB 0909 of the petitioner forthwith pending the disposal of the above WP.
Counsel for the Petitioner: SRI NAKKA NAVEEN REPRESENTING SRI V. BRAHMAIAH CHOWDARY
Counsel for the Respondents No 1 To 4: AGP FOR TRANSPORT Counsel for the Respondent No.5: AGP FOR MINES & GEOLOGY Counsel for the Respondent No.6: AGP FOR REVENUE Counsel for the Respondent No.7: AGP FOR HOME
The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
HON'BLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION No.24801 OF 2026
DATE: 13.08.2026
Between :
Mudavath Kishan
... Petitioner
And
The State of Telangana and others
... Respondents
ORDER:
Heard Sri Nakka Naveen, learned counsel representing Sri V.Brahmaiah Chowdary, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Transport, appearing on behalf of respondent Nos.1 to 4, learned Assistant Government Pleader for Mines, appearing on behalf of respondent No.5, learned Assistant Government Pleader for Revenue, appearing on behalf of respondent No.6 and learned Assistant Government Pleader for Home, appearing on behalf of respondent No.7.
2. The petitioner approached the Court seeking prayer as under:
"...to issue appropriate writ, order or direction more in the nature of Mandamus, declaring the action of the respondents in seizing the petitioner's Goods Carriage HMV vehicle No.TS 34 TB 0909 in spite of having valid permission from the Telangana Mineral Development Corporation i.e., Form-E Transit Pass and also petitioner is ready to pay the penalty for excess load of sand U/s.194 of Motor Vehicle Act, 1908 and also registered the crime No.155 of 2026 Dated 12.05.2026 on the file of Vikarabad Town Police Station inspite of valid permission from the Telangana Mineral Development Corporation i.e., Form-E Transit Pass Vide Transit Pass No.TRAN10170856E4 Under Telangana State sand mining rules (amendment) 2015 is illegal, arbitrary and against the principles of natural justice and violative of Articles 14, 16, 19 (1) (g), 21, 300-A and 301 of Constitution of India and consequently direct the respondents to release the Goods Carriage HMV vehicle No.TS 34 TB 0909 of the petitioner forthwith..."
The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present writ petition is as under:
The petitioner is the owner of vehicle bearing No.TS
34 TB 0909 and earns his livelihood by running the vehicle
on hire. On 12.05.2026, while transporting sand with a valid transit pass, the vehicle was intercepted and seized by the 7th respondent-police, and FIR No.155 of 2026 was registered. Subsequently, an excess load of 2,840 Kgs. was found, for which the petitioner was willing to pay the applicable penalty. However, the authorities refused to receive the penalty and continued to detain the vehicle. Aggrieved by the same, the petitioner had approached this Court by filing the present Writ Petition.
PERUSED THE RECORD:
DISCUSSION AND CONCLUSION:
Learned counsel appearing on behalf of the petitioner mainly put-forth the following submissions:-
The petitioner is the owner of vehicle bearing No.TS 34 TB 0909, and had purchased the same with financial assistance from private finance and bank.
The subject vehicle was hired by Kodam Harshitha for transporting sand from Utoor Village, Manakondur Mandal, Karimnagar District to deliver at Vikarabad.
The sand was covered by a valid Form-E Transit Pass No. TRAL10170856E4 dated 09.05.2026 issued by the Telangana Mineral Development Corporation.
On 12.05.2026, the 7th respondent police intercepted and seized the vehicle and registered FIR No.155/2026 alleging illegal transportation of sand.
The Motor Vehicle Inspector, upon inspection, found an excess load of 2,840 Kgs of sand and issued Check Report No.300580 dated 14.05.2026.
The petitioner expressed willingness to pay the applicable penalty for the excess load, but the authorities allegedly refused to receive the amount and release the vehicle.
The vehicle had remained in the custody of the authorities since 12.05.2026, causing financial loss and hardship to the petitioner.
Based on the aforesaid submissions, the learned counsel appearing on behalf of the petitioner contends that the petitioner is entitled for the relief as prayed for in the present writ petition.
Learned Assistant Government Pleader for Transport, appearing on behalf of respondent Nos.1 to 4 placing reliance on the written instructions dated 29.07.2026 issued by the District Transport Officer, RTA, Vikarabad District submits that, upon the petitioner paying a compounding fee of Rs.29,000/-, the petitioner would be entitled to take possession of the subject Goods Vehicle bearing Registration No.TS 34 TB 0909 (HGV), which was detained by the MVI, RTA, Vikarabad, vide Vehicle Check Report No.300580 dated 14.05.2026.
Learned Assistant Government Pleader for Mines, appearing on behalf of respondent No.5, places reliance on G.O.Ms.No.15 dated 19.02.2015 and contends that as the subject vehicle was found to be involved in illegal extraction and transportation of sand in contravention of the relevant rules, the petitioner is liable to pay a penalty of Rs.15,000/- to 5th respondent. Upon payment of the said penalty, the petitioner may be permitted to take delivery of the subject Goods Vehicle bearing Registration No.TS 34 TB 0909 (HGV).
Learned counsel appearing on behalf of the petitioner submits that the petitioner is ready and willing to pay the compounding fee of Rs.29,000/-, as indicated in the written instructions issued by the District Transport Officer, RTA Vikarabad District, and also the penalty of Rs.15,000/- as per G.O.Ms.No.15 dated 19.02.2025, as submitted by the learned Assistant Government Pleader appearing on behalf of respondent No.5.
Learned Assistant Government Pleader appearing on behalf of the respondents submits that upon the petitioner depositing the said amounts, i.e., Rs.29,000/- before the respondent Nos.2 and 3 and penalty of Rs.15,000/- before the respondent No.5, the respondents may be directed to release the petitioner's Goods Vehicle bearing Registration No.TS 34 TB 0909 (HGV), which was detained pursuant to Vehicle Check Report No.300580 dated 14.05.2026 of the MVI, RTA, Vikarabad.
9. TAKING INTO CONSIDERATION:
The submissions of the learned counsel appearing on behalf of the petitioner and , learned Assistant Government Pleader for Transport, appearing on behalf of respondent Nos.1 to 4, learned Assistant Government Pleader for Mines, appearing on behalf of respondent No.5,
The averments made in the affidavit filed in support of the present writ petition,
The written instructions dated 29.07.2026 issued by the District Transport Officer, RTA Vikarabad District,
The discussion and conclusion as arrived at paragraph Nos.4 to 9 of the present order,
The writ petition is disposed of, directing the respondents to release forthwith the petitioner's Goods Vehicle bearing Registration No.TS 34 TB 0909 (HGV), which was detained by the MVI, RTA, Vikarabad, vide Vehicle Check Report No.300580 dated 14.05.2026, upon the petitioner paying a compounding fee of Rs.29,000/- before respondent Nos.2 and 3 and depositing a penalty of Rs.15,000/- before respondent No.5. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.