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2025 DAILYLAW 15178 (AP)

BOCHU DURGAMMA v. THE STATE OF AP

WP/10103/2025 · 2025-04-22

Kiranmayee Mandava

body2025

Judgment text

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APHC010192822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 10103/2025 Between: Bochu Durgamma ...PETITIONER AND The State Of Ap ...RESPONDENT Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent: 1. The Court made the following order: The writ petition is filed challenging the action of the 4th respondent in seizing the Tipper Lorry Bearing Nos.AP 39 UX 9522 & AP 59 ETR 1355 belong to the 1st petitioner and Proklainar Tata Hitachi Hydraulic Excavator Modal Ex130 Super Plus Machine with GP Bucket SP13-0016 belongs to the 2nd petitioner without following the relevant procedure established by law under APMMC Rules, 1966. 2 2. Heard Sri K.Ramesh Babu, learned counsel for the petitioners and learned Assistant Government Pleader for Mines and Geology appearing for the respondents. With the consent of both the parties, the writ petition is disposed of at the admission stage. 3. Learned counsel for the petitioners submits that the petitioners vehicles was seized without authority of law and in violation of the provisions of Sub- Rule (3)(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966. He further submits that a direction may be given to the respondent authorities to pass appropriate orders for the release of the vehicles, and he relies on the decision of this court passed in W.P.No.20735 of 2024 dated 20.09.2024. 4. Learned Assistant Government Pleader for Mines and Geology appearing for the respondents would not dispute the issue being covered by an earlier decision of this Court. 5. In view of the above, the 4th respondent is directed to pass orders in terms of Sub-Rule (3)(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966 and collect the due seigniorage fee and penalty as per law and release the Vehicles seized by the official respondents to the petitioners within a period of one week from the date of receipt of the copy of the order. 3 6. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 22.042025 SNI 4 53 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 10103/2025 Date: 22.04.2025 SNI