Allowed

Yandapalli Srikanth, v. State of Andhra Pradesh

Andhra Pradesh HC16 Feb 2021WP/3643/2021

Case brief

AI extract

What is this about?

Justice D. Ramesh allowed a writ petition filed under Article 226 of the Constitution. The court directed the release of seized tractors and trailers belonging to the petitioners upon payment of a penalty, relying on a prior order from the same court.

What did the court decide?

Release of seized tractors and trailers belonging to the petitioners upon payment of specified penalty.

Yandapalli Srikanth, Vs State of Andhra Pradesh — Property and Title | Andhra Pradesh HC (2021)

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HON’BLE SRI JUSTICE D. RAMESH

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WRIT PETITION No.3643 of 2021

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ORDER:

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This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:

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“…to issue an appropriate Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No.3 in seizing the Tractor and Trailer bearing Nos.AP 39 TA 9133 and AP 39 TB 3554 belongs to the 1^st petitioner and Tractor and Trailer bearing Nos.AP 16 CS 1378 & AP 39 TG 3185 belongs to the 2^nd petitioner without following the procedure known to law as illegal, irregular, ultra-virus, arbitrary, high-handed, malafide, contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental right guaranteed under Article 19(g) of the Constitution of India and consequently direct the respondents to release the above vehicle forthwith and pass such other order or orders…”

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Learned counsel for petitioners states that the subject matter of the 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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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 Tractor and Trailer bearing Nos.AP 39 TA 9133 and AP 39 TB 3554 belongs to the 1^st petitioner and Tractor and Trailer bearing Nos.AP 16 CS 1378 & AP 39 TG 3185

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belongs to the 2^nd petitioner 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: 16.02.2021 B/o. EPS

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HON’BLE SRI JUSTICE D. RAMESH

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Writ Petition No.3643 of 2021

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16.02.2021

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EPS

Yandapalli Srikanth, v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Yandapalli Srikanth, v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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