Disposed

Vegunta Rajani, v. The State of Andhra Pradesh

Andhra Pradesh HC16 Feb 2021WP/3737/2021

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging the seizure of two lorries. Holding that the authorities must first impose a penalty under specific government rules before releasing the vehicles, the order directed the respondents to do so.

What did the court decide?

Directed the respondent authorities to impose a penalty under Clause-16 of the applicable Government Order and release the seized lorries upon such payment.

Vegunta Rajani, Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2021)

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HON’BLE SRI JUSTICE D. RAMESH

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WRIT PETITION No.3737 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 3^rd respondent in seizing the lorry (Tipper) bearing No.AP 05 TF 2012 of the 1^st petitioner and lorry (Tipper) bearing No.AP 37 TK 3696 of the 2^nd petitioner in connection with FIR No.61/2021 without following the procedure known to the law as illegal, irregular, ultra vires, arbitrary, highhanded malafide 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 Constitution of India and consequently direct the respondents to release the lorry (Tipper) bearing No.AP 05 TF 2012 of the 1^st petitioner and lorry (Tipper) bearing No.AP 37 TK 3696 of the 2^nd petitioner forthwith in the interest of justice and pass such other order or orders …”

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

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Learned counsel for petitioners states that the subject matter of the writ petiton is squarely covered by the order dated 08.1.2020 passed in WP No.671 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 respondent authorities are directed to impose penalty in terms of Clause-16 of G.O.Ms.No.71, Industries, Infrastructure, Investment and Commerce (Mines-II) Department, dated 04.09.2019 and on such payment, release the lorry (Tipper) bearing No.AP 05 TF 2012 of the 1^st petitioner and lorry (Tipper) bearing No.AP 37 TK 3696 of the 2^nd petitioner.

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With the above direction, this Writ Petition is disposed of in terms of the order dated 08.01.2020 passed in WP No.671 of 2020 by this Court. No costs. Registry to attach a copy of the order in W.P.No.671 of 2020 to this order.

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Miscellaneous petitions pending if any, shall stand closed.

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Dated: 16.02.2021 B/o. EPS

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____________________ JUSTICE D. RAMESH

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HON’BLE SRI JUSTICE D. RAMESH

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Writ Petition No.3737 of 2021

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16.02.2021

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EPS

Vegunta Rajani, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Vegunta Rajani, 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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