A petition under Articles 226 of the Constitution and Section 151 CPC sought release of seized vehicles. The Court disposed of the writ petition by directing release upon penalty payment, following a prior order in WP No. 671 of 2020.
Petitioners to pay penalty; upon payment and production of documents, vehicles to be released.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE SIXTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONBLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION NO: 29687 OF 2023
Between:
1. Bikkina Ravi Kishore, S/o. Late Sri Bhaskar Rao Hindu, Age. 44 Years, Occ: Lorry Owner, R/o, Door No. 17-10-9/4, Sitam Peta, Rajamahendravaram - 533 101, E.G.Dist
2. M/s Sri Mahendra Infra, at Door No. 82-14-24, Vidyuth Colony. Rajamahendravaram - 533 103, E.G. Dist. rep. by its Managing Partner, Datla Phani Raju.
PETITIONERS
AND
1. State of Andhra Pradesh, Rep. by its PrI. Secretary, Industries, Infrastructure, Investment and Commerce (Mines- II) Dept., A.P. Secretariat, Velagapudi 522 503, Guntur District.
2. The Assistant Director of Mines and Geology, Rajamahendravaram East Godavari District.
3. The Station House Officer, Rajamahendravaram III Town P.S., Rajamahendravaram, East Godavari District.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3^^ respondent in seizing the Tipper Lorries bearing Registration Nos. AP 39 TS 4554 of the 1®* petitioner and AP 39 TH 3465 of the 2"° petitioner in connection with FIR No. 452 of 2023 of Rajamahendravaram III Town PS, East Godavari District as illegal, arbitrary and unjust and consequently direct the Respondents to release the above said seized Tipper Lorries in favour of the petitioners, who are the registered owners of those vehicles forthwith.
lA NO: 1 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 3^^ respondent herein to grant interim custody of the Tipper Lorries bearing Registration Nos. AP 39 TS 4554 of the r‘ petitioner and AP 39 TH 3465 of the 2"^ petitioner, which were seized in connection with FIR No. 452 of 2023 of
2
«•
3. Learned counsel for the petitioners submits that the issue raised in this writ petition is covered by the order dated 08.1.2020 in Writ Petition No.671 of 2020 and both sides agree that a similar order can be passed.
Sd/- K.J.RAJA BABU ) ASSISTANT REGISTRAR ^ -—
//TRUE COPY//
SECTION OFFICER
To,
1. The Principal Secretary, Industries, Infrastructure, Investment and Commerce (Mines- II) Dept,, State of Andhra Pradesh, A,P. Secretariat, Velagapudi 522 503, Guntur District.
4. One CC to Sri N, Siva Reddy. Advocate [OPUC]
6. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] Three C.D. Copies Cnr
I. /
HIGH COURT
DATED:16/11/2023
ORDER
WP.No.29687 of 2023
X 2 0 NUV 2023
o
Current Section
^2L£es
DISPOSING OF THE W.P. WITHOUT COSTS
1 issue framed by the court
Whether to dispose of the writ petition for release of seized vehicles based on a previous similar order.
2 provisions across 2 enactments
Bikkina Ravi Kishore
M/s Sri Mahendra Infra
State of Andhra Pradesh
The Assistant Director of Mines and Geology
The Station House Officer
NINALA JAYASURYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
