Allowed

Atta Thalupula Raju v. The State of Andhra Pradesh

Andhra Pradesh HC12 Feb 2021WP/3413/2021

Case brief

AI extract

What is this about?

The Court allowed a writ petition filed under Article 226 seeking release of seized lorries. It directed the respondents to release the vehicles upon payment of a penalty under a specific Government Order, relying on a prior order from the same Court.

What did the court decide?

Directions to release the petitioners' lorries upon payment of penalty under Clause-16 of G.O.Ms.No.71 dated 04.09.2019.

Atta Thalupula Raju Vs The State of Andhra… — Service and Employment | Andhra Pradesh HC (2021)

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HON’BLE SRI JUSTICE D. RAMESH

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WRIT PETITION No.3413 of 2021

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ORDER:

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This Writ Petition is filed under Article 226 of the Constitution of India to declare of the action of the 3^rd respondent in seizing the petitioners lorry bearing Nos.AP 31 TA 8298 and AP 05 TF 2279 as arbitrary, illegal and violation of Articles 19 and 21 of the Constitution of India and consequently direct the 3^rd respondent to release the above vehicles forthwith.

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Heard learned counsel for the petitioners and learned Government Pleaders for Mines & Geology and Home appearing for the respondents. With their consent, this Writ Petition is disposed of at the stage of admission.

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When the matter is taken up for hearing, learned counsel for the petitioners stated that the address of the 2^nd respondent was wrongly mentioned as Vizianagaram, Vizianagaram District instead of Anakapalli, Visakhapatnam District and the address of the 3^rd respondent was wrongly mentioned as Station House Officer, Kasim Kota Police Station, Vizianagaram instead of Station House Officer, Kasim Kota Police Station, Vizakhapatnam and the learned counsel for the petitioners sought for amendment of the cause title as well as prayer.

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In view of the submission made by the learned counsel, Office is directed to carry out the necessary amendment in the cause title as well as prayer by correcting the address of the 2^nd respondent as Anakapalli, Visakhapatnam District in place of Vizianagaram, Vizianagaram District and address of the 3^rd respondent as Kasim Kota Police Station, Vizakhapatnam District, in place of Kasim Kota Police Station, Vizianagaram District.

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Learned counsel for petitioners further states that the subject matter of this writ petiton is squarely covered by the order dated 18.06.2020 passed in WP No.10048 of 2020 by this Court.

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Learned Government Pleaders did not refute the said submission.

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Having regard to the facts and circumstances of the case and considering the submissions, the present Writ Petition is being allowed with a direction to the respondents to release the petitioners lorry bearing Nos.AP 31 TA 8298 and AP 05 TF 2279 upon payment of penalty specified under Clause-16 of G.O.Ms.No.71,, dated 04.09.2019.

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With the above direction, this Writ Petition is allowed in terms of the order dated 18.06.2020 passed in WP No.10048 of 2020 by this Court. No costs. Registry to attach a copy of the order in W.P.No.10048 of 2020 to this order.

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Miscellaneous petitions pending if any, shall stand closed.

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____________________ JUSTICE D. RAMESH

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Dated: 12.02.2021 B/o. EPS

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HON’BLE SRI JUSTICE D. RAMESH

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Writ Petition No.3413 of 2021

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12.02.2021

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EPS

Atta Thalupula Raju v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Atta Thalupula Raju v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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