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2025 DAILYLAW 23017 (AP)

SRI CHI PYDIMAMBA v. THE STATE OF ANDHRA PRADESH

WP/16575/2025 · 2025-07-14

Kiranmayee Mandava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010324562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) S TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 16575 OF 2025 Between: 1. Sri Chi Pydimamba, s/o Appala Naidu, Aged about 40 year, 1-224/A Upparapalli, S. Rayavaram Mandal, Anakapalli District. 2. Pitia Naidu, s/o Pitia Thalupulu, 63 years. Residing at H.No.1-120, Vakapadu Village S. Rayavaram Mandal, Anakapalli District. 3. Uggina Ramu, s/o Uggina Raman, 32 years, Residning at H.No.6-8, Maddala Vedhi, S. Rayavaram Mandal, Anakapalli District. 4. Pinapatruni Manikanta,, s/o P. Somaraju, 32 years, Residning at H.No.4-25, Karri Vedhi S. Rayavaram Mandal, Anakapalli District. ...Petitioners AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Mines and Geology Department Amaravathi, Guntur District. 2. The Divisional Officer, Mines and Geology Office Anakapalli District. Secretariat Buildings, Velagapudi, Narsipatnam, 3. The Station House Officer, S. Rayavaram P. S, S. Rayavaram Mandal Anakapalli District. 4. The Sub Inspector of Police, S. Rayavaram Mandal, Anakapalli District. P.S S. Rayavaram ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue an appropriate Writ, Order may be or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of 2nd respondent in issuing the proceedings Lr.No.29A/g/2023 dated 24.06.2025 in so for as imposing the imposing the penalty as against the petitioners vehicles A.P.39 NE 8923, AP 40 BL 9672, AP 31 DM 7030 and JCB No.AP 16 CV 1715 as illegal, improper, unjust, arbitrary and contrary to law. lA NO: 1 OF 2025 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 respondent Nos.2 and 3 to consider the petitioners complaint dated 16.05.2025 pending disposal of the writ petition. Counsel for the Petitioners: SRI MAHADEVA KANTHRIGALA Counsel for the Respondent Nos. 1 and 2: GP FOR MINES AND GEOLOGY Counsel for the Respondent Nos. 3 and 4: GP FOR HOME The Court made the following order: APHC010324562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 16575 OF 2025 Between: 1.SRI CHI PYDIMAMBA, S/0 APPALA NAIDU, AGED ABOUT 40 YEAR, 1-224/A, UPPARAPALLI, S. RAYAVARAM MANDAL, ANAKAPALLI DISTRICT. 2.PITLA NAIDU,, S/0 PITIA THALUPULU, 63 YEARS, RESIDING AT S. RAYAVARAM MANDAL, H.NO.1-120, VAKAPADU VILLAGE ANAKAPALLI DISTRICT. 3.UGGINA RAMU, , S/0 UGGINA RAMAN, 32 YEARS, RESIDNING AT H.NO.6-8, MADDALA VEDHI, S. RAYAVARAM MANDAL, ANAKAPALLI DISTRICT. 4.PINAPATRUNI MANIKANTA,, S/0 P. SOMARAJU, 32 YEARS, RESIDNING AT H.NO.4-25, KARRI VEDHI S. RAYAVARAM MANDAL, ANAKAPALLI DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHi, GUNTUR DISTRICT. 2.THE DIVISIONAL OFFICER, MINES AND GEOLOGY OFFICE NARSIPATNAM, ANAKAPALLI DISTRICT. 3.THE STATION HOUSE OFFICER, S.RAYAVARAM P.S S.RAYAVARAM MANDAL, ANAKAPALLI DISTRICT. 4.THE RAYAVARAM MANDAL, ANAKAPALLI DISTRICT. SUB INSPECTOR OF POLICE, S. RAYAVARAM P. S S. ...RESPONDENT(S): 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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of 2nd respondent in issuing the proceedings Lr.No.29A/g/2023 dated 24.06.2025 in so for as imposing the imposing the penalty as against the petitioners vehicles A.P.39 NE 8923, AP 40 BL 9672, AP 31 DM 7030 and JCB No.AP 16 CV 1715 as illegal, improper, unjust, arbitrary and contrary to law and pass lA NO: 1 OF 2025 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 respondent Nos.2 and 3 to consider the petitioners complaint dated 16.05.2025 pending disposal of the writ petition and pass Counsel for the Petitioner(S): 1 .MAHADEVA KANTHRIGALA Counsel for the Respondent(S); 1.GP FOR HOME 2.GP FOR MINES AND GEOLOGY THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 16575 OF 2025 The Court made the following: The present writ petition is filed challenging the proceedings dated 24.06.2025 issued by the 2"'^ respondent, imposing the penalty while seizing the vehicles (Tractor/JCB) of the petitioners. 2. Heard Smt. Y.Maha Lakshmi, learned counsel appearing on behalf of Sri Mahadeva Kanthrigala, learned counsel for the petitioners and Smt. Sudeepthi Potiuri, learned Assistant Government Pleader for Mines and Geology appearing for the respondents. 3. It is contended by the petitioners that the subject vehicles were engaged in transporting the leftover gravel, pursuant to the execution of contract works under MGNREGS scheme at S.Rayavaram Mandal, Anakapalli District. It is further contended that permission for transportation of gravel was granted vide Letter No.RC.18/AEE2/MGNREGS/Mines/2025 dated 15.03.2025. However, the 4 respondent and his staff seized the vehicles on 20.06.2025. Hence the present writ petition is filed. 4. Today, when the matter is taken up for admission, Smt. Sudeepthi Potiuri, learned Assistant Government Pleader for Mines and Geology appearing for the respondents has placed on record a copy of the written instructions received from the 2^^ respondent. A perusal of the same would reflect that the petitioners have voluntarily paid a sum of Rs. 15,030/- towards seigniorage fee, penalty & DMF. It is further stated that upon receipt of such amount, the office of the Divisional Mines & Geology has already addressed a letter dated 24.06.2025 to the 4^^ respondent for taking necessary steps to release the subject vehicles. Having regard to the same, this Court deems it appropriate to dispose of the writ petition with a direction to the 4*^ respondent to release the vehicles of the petitioners forthwith. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as 6. to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGIJTBAR SEcfi^ Officer //TRUE COPY// To, 1. The Principal Secretary, Mines and Geology Department, State of Buildings, Velagapudi, Amaravathi, Andhra Pradesh, Secretariat Guntur District. The Divisional Officer, Mines and Geology Office Narsipatnam, Anakapalli District. The Station House Officer, S. Rayavaram P.S, S. Rayavaram Mandal, Anakapalli District. The Sub Inspector of Police, S. Rayavaram P.S, Mandal, Anakapalli District. One CC to Sri. Mahadeva Kanthrigala Advocate [OPUC] Two CCs to GP for Home High Court of Andhra Pradesh [OUT] Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh [OUT] Two CD Copies GSC 2. 3. 4. S. Rayavaram 5. 6. 7. 8. a HIGH COURT DATED:15/07/2025 ORDER WP NO. 16575 OF 2025 gf 2 9 JUL 2025 rentSectioflx>5^ DISPOSING THE WP WITHOUT COSTS