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2025 DAILYLAW 47526 (AP)

M. Bangarraju, v. THE STATE OF ANDHRA PRADESH

WP/18974/2025 · 2025-07-24

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

4k. APHC010375932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) % FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA / WRIT PETITION NO: 18974 OF 2025 Between: M. Bangarraju,, s/o Apparao Aged about 40 years, occ Driver, R/o. H.No 1-18, Peddipalem, Anandapuram, Visakhapatnam /■ ...Petitioner / AND 1. The State Of Andhra Pradesh, Rep, by it's Principal Secretary, Home Department, Secretariat Building, Velagapudi, Amaravathi, Guntur District. 2. The State of A P, Rep, by it's Principal Secretary, Vigilance and Enforcement Department, Secretariat Building Velagapudi, Amaravathi, Guntur District. 3. The Circle Inspector SHO, Anandapuram Police Station, Visakhapatnam. / /■ ...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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in illegally seizing and retaining the Petitioner's Tipper vehicle bearing Registration No. AP35Y 7788 without following due process of law and * without issuing any seizure memo, notice, or initiating any legal proceedings, as illegal, arbitrary, and violative of Articles 14, 21, and 300A of the Constitution of India, and consequently direct the respondents to forthwith release the said vehicle to the petitioner. T 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 respondents to forthwith release the petitioner’s Tipper vehicle bearing Registration No. AP35Y 7788, on production of documents, pending disposal of the above Writ Petition. ownership Counsel for the Petitioner: SRI SREEMANNARAYANA VATTIKUTI Counsel for the Respondent Nos.1 & 3: GP FOR HOME Counsel for the Respondent No.2: GP FOR VIGILANCE ENFORCEMENT The Court made the following order: 1 APHC010375932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] r' r FRIDAY. THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18974/2025 Between: 1.M. BANGARRAJU,. S/0 APPARAO AGED ABOUT 40 YEARS, OCC DRIVER, R/0. H.NO 1-18, PEDDtPALEM, ANANDAPURAM, VISAKHAPATNAM ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP, BY IT'S PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF A P, REP. BY IT'S PRINCIPAL SECRETARY, VIGILANCE AND ENFORCEMENT DEPARTMENT, SECRETARIAT BUILDING VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE CIRCLE INSPECTOR SHO, ANANDAPURAM POLICE STATION, VISAKHAPATNAM. ...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 the respondents in illegally seizing and retaining the petitioner's Tipper vehicle bearing Registration No. AP35Y 7788 without following due process of law and without issuing any seizure memo, notice, or initiating any legal proceedings, illegal, arbitrary, and violative of Articles 14, 21 and 300A of the as 2 Constitution of India, and consequently direct the respondents to forthwith release the said vehicle to the petitioner, Counsel for the Petitioner: 1.SREEMANNARAYANA VATTIKUTI Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR GENERAL ADMINISTRATION 3 HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITIHM Kin- 18974/2025 THE ORDER: This Writ Petition is filed under Article 226 of Constitution of India with , I the following prayer for; “...pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in illegally seizing and retaining the vehicle bearing Registration No. AP35Y 7788 petitioner's Tipper without following due process of law and without issuing any seizure memo notice, or initiating any legal proceedings, as illegal, arbitrary, and violative of Articles 14, 21, and 300A of the Constitution of India, and consequently direct the respondents to forthwith release the said vehicle to the petitioner... 2. When the matter is taken up for hearing, Sri Md.Farooq, learned instructions, would submit that Assistant Government Pleader for Home, on Regional Vigilance Squad of the District Mines & Geology, Vizianagaram the has intercepted the Tipper Lorry during a route checking, where the driver issued by the Department of Mines and failed to produce Transit Form Geology which is a violation have to prefer an application before the appropriate authority i.e. of their rules. He would further submit that they District Mines and Geology Office. Sri Sreemannarayana Vattikuti, learned counsel for the petitioner would 3. submit that recording the same, the petition may be disposed of. , the Writ Petition is disposed of. No order as to Recording the same costs. However, the petitioner is directed to approach the appropriate 4. authority. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- P.VINOD KUMAR assistant registrar SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Home Department, Secretariat Building Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Secretariat Building Velagapudi, Amaravathi, Guntur District. Inspector SHO, Vigilsnce and Enforcement Department Police Station, Anandapuram 3. The Circle Visakhapatnam. 4. One GC to Sri. Sreemannarayana Vattikuti Advocate [OPUC] GP For Home, High Court of Andhra Pradesh [OUT] 5. Two CCS to 6. Two CCS to GP For Vigilance Enforcement, High Court of Andhra Pradesh [OUT] 7. Two CD Copies. AL HIGH COURT DATED:25/07/2025 ORDER WP NO. 18974 OF 2025 I« OCT 2^ V*V"'wra s DISPOSING OF THE W.P. WITHOUT COSTS