Extracted from the PDF above. The PDF is authoritative.
APHC010076402025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] TUESDAY ,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 4136/2025 Between: Pattela Siva Sai Pavan ...PETITIONER AND The State Of Ap 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 REVENUE
3. 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:
“…..pleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in seizing the Lorry bearing No. AP07TM6768 of the Petitioner in connection with FIR No.58 of 2025 without following the procedure known to the law under APMMC, Rules 1966 as illegal, irregular, arbitrary and contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14, 21 and 19(1)(g) of the
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Constitution of India and consequently direct the respondents to release the above said vehicle of the Petitioner forthwith in the interest of justice and pass….”
2. Heard learned counsel appearing for the petitioner and learned Assistant Government Pleader for Mines and Geology appearing for the respondent No.1, learned Assistant Government Pleader for Revenue appearing for the respondent No.2 and learned Assistant Government Pleader for Home appearing for the respondent No.3. 3. On hearing, learned counsel for petitioner submits that the subject matter of this Writ Petition is squarely covered by the order dated 06.11.2024 passed by this Court in W.P.No.25191 of 2024, and hence, requests this Court to pass similar order in this writ petition also. 4. Learned Assistant Government Pleaders appearing for the respondents opposed for grant of any relief in this writ petition and prayed to dismiss the same. 5.
Considering the submissions of both learned counsel and upon perusing the material on record, this Writ Petition is also disposed of in terms of the order passed in W.P.No.25191 of 2024, dated 06.11.2024, directing the respondent authorities to impose penalty in terms of Clause 6(III)(Q) of G.O.Ms.No.43, Industries and Commerce (Mines-III) Department, dated 08.07.2024 and on payment of such penalty by the petitioner, the respondents shall release the Lorry bearing No.AP07TM6768 of the petitioner, upon
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producing the ownership documents of the said vehicles to the satisfaction of the 3rd respondent. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________ Dr. K. MANMADHA RAO, J Dated 18.02.2025 SCS
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THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 4136/2025 Date:- 18.02.2025
SCS