Allowed

Nammi Gouri Naidu v. The State of Andhra Pradesh

Andhra Pradesh HC20 Mar 2021WP/6537/2021

Case brief

AI extract

What is this about?

In a writ petition under Article 226 concerning the seizure of a vehicle, Justice D. Ramesh disposed of the petition after hearing counsel. The court directed the respondents to release the vehicle upon payment of the penalty specified under Clause 16 of G.O.Ms.No.71 dated 04.09.2019.

What did the court decide?

Respondents directed to release vehicle bearing Registration No. AP 04 TW 2799 upon payment of penalty specified under Clause 16 of G.O.Ms.No.71, dated 04.09.2019.

Nammi Gouri Naidu Vs The State… — Constitutional and Fundamental Rights | Andhra Pradesh HC (2021)

¶1

THE HON’BLE SRI JUSTICE D. RAMESH

¶2

WRIT PETITION No.6537 OF 2021

¶3

ORDER:-

¶4

This Writ Petition is filed under Article 226 of Constitution of

¶5

India seeking the following relief:-

¶6

“….to issue an appropriate Writ, order or direction in the nature of writ of Mandamus, questioning the action of the respondents in seizing the vehicle bearing Registration No. AP 04 TW 2799 of the petitioner without following any procedure under statutes as illegal, arbitrary and consequently direct the Respondents to release the above vehicle to the petitioner from their custody”.

¶7

Heard learned counsel for the petitioner, learned Government Pleader for Mines and Geology appearing for the Respondents. With their consent, this Writ Petition is disposed of at the stage of admission.

¶8

As per the averments of the Writ Petition, the petitioner is the owner of the vehicle bearing Registration No. AP 04 TW 2799. On 06.03.2021 the 2^nd respondent seized the vehicle alleging that transporting sand illegally, without following due procedure registered a case in Crime No. 45 of 2021 is contrary to law. Hence the petitioner has filed the present Writ Petition.

¶9

Learned counsel for petitioner would contend that as per Clause 16 of G.O.Ms.No.71, Industries and Commerce (Mines II) Department, dated 04.09.2019 a penalty can be imposed on the ground of seizure is that sand is being transported in the said vehicle in violation of the policy of the State. The petitioner has also relied upon the orders of this Court in W.P.No.671 of 2020, dt.08.01.2020.

¶10

¶11

In view of the aforesaid order, the present Writ Petition is disposed of with a direction to the respondents to release the vehicle bearing Registration No. AP 04 TW 2799 of the petitioner upon payment of penalty specified under Clause 16 of G.O.Ms.No.71, dated 04.09.2019. No order as to costs.

¶12

As a sequel, miscellaneous applications pending, if any, shall

¶13

also stand closed.

¶14

JUSTICE D. RAMESH

Date: 20.03.2021

THE HON’BLE SRI JUSTICE D. RAMESH

¶19

WRIT PETITION No.6537 OF 2021

¶20

Date: 20.03.2021

¶21

Nammi Gouri Naidu v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Nammi Gouri Naidu v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Perabattula Veera Venkata Satyanarayana Vs The State of Andhra Pradesh

Kodi Mahesh Anil Kumar Vs The State of Andhra Pradesh

S.Jafar Basha Vs The State of Andhra Pradesh

Raghava Project Constructions Pvt. Ltd., Vs The State of Andhra Pradesh

Robin Vikas K. Vs The State of Andhra Pradesh

Nagaraju Buddiga Vs The State of Andhra Pradesh