Extracted from the PDF above. The PDF is authoritative.
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APHC010008052025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 486/2025 Between: R Raghupathi ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. B JAYA PRABHAKARA RAO Counsel for the Respondent(S):
1. GP FOR HOME
2. GP FOR MINES AND GEOLOGY The Court made the following:
ORDER: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
“…..declaring the action of the Respondent Nos.2 and 3 in seizing the Vehicle bearing No.AP39HX1019 (Hydro 10-Pick and carry Crane-12) and Vehicle bearing No.AP39KC5982 (tractor mounted Compressor) of the Petitioner without following the relevant procedure
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established by law under APMMC Rules, 1966 as illegal, irregular, arbitrary and contrary to the procedure established by law and violative of Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the said vehicle of the Petitioner forthwith in the interest of justice and pass such other order or orders…….”
2. Heard learned counsel appearing for the petitioner, learned Assistant Government Pleader for Mines and Geology, appearing for the respondents 1 and 2 and learned Assistant Government Pleader for Home, appearing for the 3rd respondent.
3.
Learned counsel for petitioner submits that the subject matter of this Writ Petition is squarely covered by the order dated 12.01.2022 passed by this Court in W.P.No.1117 of 2022, wherein this Court has ordered for release of the vehicle to the petitioner.
4. Learned Government Pleaders do not refute the said submission.
5. Following the same, this Writ Petition is also disposed of in terms of the
order passed in W.P.No.1117 of 2022, dated 12.01.2022 and with the following conditions: (i) The respondent authorities shall give interim custody of the Vehicle bearing No.AP39HX1019 (Hydro 10-Pick and carry Crane-12) and Vehicle bearing No.AP39KC5982 (tractor mounted Compressor) to the petitioner upon his furnishing a
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personal bond for Rs.2,00,000/- and producing proof in support of his ownership of the vehicles; (ii) The petitioner shall give an undertaking to produce the vehicles as and when required either by the authority concerned or Court or the Investigating Agency and also give an undertaking that he will not alienate, encumber or alter the physical features of the vehicles. (iii) There shall be no order as to costs.
6. Registry is directed to attach a copy of the order in W.P.No.1117 of 2022, dated 12.01.2022, to this Order.
7. As a sequel, miscellaneous applications pending, if any, shall stand closed. _________________________ DR. K. MANMADHA RAO, J. Date: 09.01.2025 ARR
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HON’BLE DR.JUSTICE K.MANMADHA RAO
Writ Petition No.486 of 2025 Date: 09.01.2025
ARR