Dismissed

M Esu v. the State of Andhra Pradesh

Andhra Pradesh HC1 Nov 2022WP/35293/2022

Case brief

AI extract

What is this about?

In W.P. No. 35293 of 2022, Justice B. Krishna Mohan disposed of the petition concerning the unauthorized seizure of agricultural vehicles. Relying on the identical issue covered in W.P. No. 29867 of 2021, the court followed the earlier order and dismissed the present writ petition without costs.

What did the court decide?

The writ petition is dismissed following the order in W.P. No. 29867 of 2021. No costs.

M Esu Vs the State of Andhra… — Constitutional and Fundamental Rights | Andhra Pradesh HC (2022)

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THE HON'BLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION No. 35293 OF 2022

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ORDER:

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Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for the respondent No.1, the learned Assistant Government Pleader for the 2^nd respondent and the learned Government Pleader for Home for the 3^rd respondent.

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The grievance of the writ petitioner is that the 3^rd respondent seized the Tractor and the Trailer bearing Nos.AP 03 TL 3645 and AP 03 TL 3803 without following the due procedure.

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The counsel for the petitioner submits that the petitioner is using the Tractor and the Trailer bearing Nos.AP 03 TL 3645 and AP 03 TL 3803 for the commercial purpose. While so, on 27.10.2022, the 3^rd respondent seized the above said vehicle and registered a case in Crime No.143 of 2022 under Sections 379 of IPC and 22 MMDARA, which is contrary to the G.O.Ms.No.71, dated 04.09.2019.

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The counsel for the petitioner further submitted that, at best the respondent counsel can impose the penalty under the Clause 16 of G.O.Ms.No.71, dated 04.09.2019, but

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instead the 3^rd respondent falsely registered a Criminal Case which is not warranted in the facts and circumstances.

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On the other hand, the counsel for the respondents submits that the seized vehicle of the petitioner would be dealt with by following the due procedure by the respondents and interim custody of the same would be considered as per law.

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However, both the counsels submitted that the issue involved herein is similar and identical to the issue involved in W.P.No.29867 of 2021 and that the subject is squarely covered by the order of this Court in W.P.No.29867 of 2021 dated 17.12.2021.

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Accordingly, following the order in W.P.No.29867 of 2021 dated 17.12.2021, this writ petition is also disposed of. No costs.

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Office is directed to append the copy of the order passed in W.P.No.29867 of 2021 dated 17.12.2021 to this order.

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As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. There shall be no order as to costs.

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______________________________ JUSTICE B KRISHNA MOHAN

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01.11.2022

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Note: issue CC on 02.11.2022

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B/o:PGT

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THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN

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WRIT PETITION No. 35293 OF 2022

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01.11.2022

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PGT

M Esu v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M Esu v. the State of Andhra Pradesh

Case brief

What is this about?

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