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2025 DAILYLAW 7242 (AP)

Kagitha Rama Rao v. State of Andhra Pradesh

WP/3734/2025 · 2025-02-13

Tarlada Rajasekhar Rao

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) A THURSDAY, THE THIRTEENTH DAY OF FEBRUARY |g TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 3734 OF 2025 Between: Kagitha Rama Rao, S/o Papa Rao, aged about 45 years, Occ Business, R/o D. No. 1-170, Kapileswarapuram Village, Pamidimukkala Mandal, Krishna District. 2. Gunakala Adinarayana, S/o Ramayya, aged about 60 years, Occ R/o D. No. 15/147, Velamapeta, Kaikalur Urban, Eluru 1. Business District. 3. Chitturi Rama Krishna, S/o Bhaskara Rao, aged about 40 years, Occ R/o D. No, 2-58, Kalidindi Village and Mandal, Krishna Business, District. ...PETITIONERS AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Industries and Commerce Department Secretariat, Amravati, Guntur District 2. The District Mines and Geology Officer, Krishna District at Machilipatnam. 3. Divisional Mines and Geology Officer, Krishna District at Machilipatnam. 4. The Tahsildhar, Pammarru Mandal, Krishna District. 5. The Station House Officer, Pamarru Police Station, Krishna 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 may be pleased to issue an appropriate order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of the respondents ) 2 - The Court made the following order:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief; declaring to issue an appropriate order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of the respondents in seizing the petitioner's Lorries bearing Nos. AP 07 TM 7875, AP 05 TG 2688, AP 39 TT 4873 connection with Crime No. 58 of 2025, and AP 05 TM 3132, in without following the procedure known to law as illegal, irregular, ultra-virus, arbitrary, high-handed, malafide, contrary to the established by law and against to the principles of of fundamental right guaranteed procedure natural justice and violative of India and under Article 19(g) of the Constitution direct the respondents to release the above consequentially vehicles along with sand forthwith in the interest of justice and pass such other order or orders learned learned counsel appearing for the petitioners Pleader for Mines and Geology, appearing for the 2. Heard \ Assistant Government \ respondents 1 to 3, learned Assistant Government Pleader for revenue, and learned Assistant Government appearing for the respondent Pleader for Home, appearing for the 5*^ respondent. Learned counsel for petitioners submits that the subject matter of order dated 24.07.2024 3. this Writ Petition is squarely covered by the passed by this Court in W.P.No.15756 of 2024, wherein this Court has payment of penalty by the ordered for release of the vehicle on petitioners. 4 Learned Assistant Government Pleaders do not refute the said 4. submission. Following the same, this Writ Petition is also disposed of in terms 5. of the order passed in W.P.No.15756 of 2024, dated 24.07.2024 directing the respondent authorities to impose penalty in terms of Clause 16 of G.O.Ms.No.43, Industries and Commerce (Mines-lll), Department, dated 08.07.2024 and on payment of such penalty by the petitioners, the respondents shall release the vehicle bearing Nos. AP 07 TM 7875, AP 05 TG 2688, AP 39 TT 4873 and AP 05 TM 3132, upon producing the th ownership documents of the said vehicles to the satisfaction of the 5 respondent. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any. shall stand closed. SDZ-U.SRl DEVI- ^sisT/^ registrar f ^ecti^^fficer //TRUE COPY// To, 1. The Principal Secretary, Industries and Commerce Department, State of Andhra Pradesh, Secretariat, Amravati, Guntur District 2. The District Mines and Geology Officer, Krishna District at Machilipatnam. 3. Divisional Mines and Geology Officer, Krishna District at Machilipatnam. 4. The Tahsildhar, Pammarru Mandal, Krishna District. 5. The Station House Officer, Pamarru Police Station, Krishna District. 6. One CC to Sri Sreenivasa Rao Velivela, Advocate [OPUC] 7. Two CCs to GP for Mines and Geology, High Court Of Andhra Pradesh. [OUT] 8. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 9. Two CCs to GP for Home, High Court Of Andhra Pradesh. [OUT] 10. Three CD Copies. T high court DATED; 13/02/2025 ORDER '^P-No.3734 of 2025 Al 3 , 5 FEB 50?5 cu"*"' d/spos/ng of the w.p. WITHOUT COSTS 9. Two CCS m ij r !• ij .