IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE :P5‘ V. .7 /' I ^ »: ‘0 r PRESENT >OS: THE HON’BLE DR JUSTICE K. MANMADHA RAO WRIT PETITION NO: 3071 OF 2025 Between: Mahamadyasin Sherasiya, S/o. Husenbhai, Aged about 51 Years Occ Business, R/o. D.No. O. Koth, Wankaner, Rajkot, Gujarat- 363621. (Owner of the Lorry bearing No.GJ 36 V 6786) ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Mines and Geology Department, Secretariat, Velagapudi, Amaravati, Guntur District. 15555. 2. The Regional Vigilance and Enforcement Officer, Onqole, Prakasam District. 3. The Assistant Director of Mines and Geology, Ongole, Prakasam 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 be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, under Article 226 of the Constitution of India declaring the action of respondent the action of the 2""' and 3'^^ respondent in seizing the Lorry Vehicle bearing No. GJ 36 V 6786 of the petitioner without following any procedure under statutes contemplated under law illegal, arbitrary, high handness and against to the principles of natural justice and violative of Article 19, 21 of the Constitution of India and consequently direct the respondents release the vehicle from their custody. may as lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to grant interim custody of Lorry Vehicle bearing No. GJ 36 V 6786 to the Petitioner, pending disposal of the above writ petition. Counsel for the Petitioner: SRI SOMISETTY GANESH BABU Counsel for the Respondent Nos.1 & 3 : GP FOR MINES AND GEOLOGY Counsel for the Respondent No.2 : GP FOR HOME The Court made the following: ORDER 1 •% XAPHC010056342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 3071/2025 Between: Mahamadyasin Sherasiya ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.SOMISETTY GANESH BABU Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR MINES AND GEOLOGY The Court made the following: ORDER: Today, when the matter is taken up for hearing, Mr.Somisetty Ganesh Babu, learned counsel for the petitioner submits that the issue involved in the present writ petition is squarely covered by an order of this Court passed in W.P.No.14440 of 2024, dated 10.07.2024, and hence, requests this Court to pass similar order in this writ petition also. I II ; 2. Learned Assistant Government Pleader for Mines and Geology, appearing for the respondents 1 and 3 and learned Assistant Government Pleader for Home, appearing for the 2 nd respondent, reported no objection to dispose of the present writ petition on the same lines. 3. In that view of the matter, this Court deems fit petition in terms of the order dated 10.07.2024 2024, at the stage of admission. to dispose of the writ passed in W.P.No. 14440 of 4. Accordingly, the Writ Petition is disposed of in terms of order dated 10.07.2024 passed in W.P.No.14440 of 2024 by this Court and the respondent authorities shall give interim custody of the vehicle i bearing No.GJ 36 V 6786 to the petitioner i.e.. Lorry upon his furnishing a personal bond for Rs.2,00,000/- and producing proof the vehicle. Further, the petitioner shall give an undertaking to produce the vehicle as and when required either by the authority concerned the Investigating Agency and also give an undertaking that he will not alienate, encumber or alter the physical features of the vehicle. in support of his ownership of or Court or There shall be no order as to costs. 5. Registry is directed to attach a copy of the order in W.P.No. 14440 of 2024, dated 10.07.2024 to this order. As a sequel, miscellaneous applications pending, if any, shall stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// ^ ' SECTION OFFICER To, The Principal Secretary, Mines and Geology Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 15555. The Regional Vigilance and Enforcement Officer, Ongole, Prakasam District. The Assistant Director of Mines and Geology, Ongole, Prakasam District. 1. 2. 3. • \ 4. One CC to Sri Somisetty Ganesh Babu, Advocate [OPUC] 5. Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh. [OUT] 6. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 7. Three C.D. Copies. (Along with copy of the order dated. 10.07.2024 in W.P. No. 14440 of 2024 enclosed herewith)* Cnr ’ HIGH COURT DATED:06/02/2025 ORDER WP.No.3071 of 2025 1 0 FEB 2025 O. Co. . Current Section . DISPOSING THE W.P. WITHOUT COSTS APHC010287812024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] C WEDNESDAY ,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 14440/2024 Between: Sri. P. Ashok, ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.G N UMA RANI Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR MINES AND GEOLOGY The Court made the following Order: ...RESPONDENT(S) Today, when the matter is taken up for hearing, Ms.G.N.Uma Rani, learned counsel for the petitioner, learned Assistant Government Pleader for Mines and Geology, representing the respondent Nos.1, 2 and 3 and learned Assistant Government Pleader for Home representing the respondent No.4, would agree that the issue in this writ petition is covered by the order passed in W.P.No. 10954 of 2021, dated 06.07.2021. ■ir 2. In that view of the matter, this Court deems fit to dispose of the writ petition in terms of the order dated 06.07.2021 passed in W.P.No.10954 of 2021, at the stage of admission. 3. Accordingly, the writ petition is disposed of in terms of order dated 06.07.2021 passed in W.P.No. 10954 of 2021 by this Court and the resondent authorities shall give interim custody of the vehicle i.e.. Hydraulic Excavator bearing No.SANY SY140, Machine Serial No.22SY140Q000204 to the petitioner upon his furnishing a personal bond for Rs.2,00,000/- and producing proof in support of his ownership of the vehicle. Further, the petitioner shall give an undertaking to produce the vehicle as and when required either by the authority concerned or Court of the Investigating Agency and also give an undertaking that he will not alienate, encumber or alter the physical features of the vehicle. 4. Registry is directed to attach copy of the order in W.P.No. 10954 of 2021 to this order. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Dr. K. MANMADHA RAO, J BMS