Disposed

Muram Venkateswara Reddy v. The State of Andhra Pradesh

Andhra Pradesh HC10 Jul 2024WP/14611/2024

Case brief

AI extract

What is this about?

This judgment is an order in Writ Petition No. 14611 of 2024. The High Court of Andhra Pradesh, Amaravati Bench, following a previous order in W.P.No.671 of 2020, directed the respondent authorities to impose penalty under Clause 16 of G.O.Ms.No.71 dated 04-09-2019. The court ordered that upon payment of such penalty and production of ownership documents, the seized tippers must be released to the

What did the court decide?

Direction to respondents to impose penalty and release tippers on payment of penalty and production of ownership documents.

Muram Venkateswara Reddy Vs The… — Constitutional and Fundamental Rights | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 14611 OF 2024

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Between:

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Muram Venkateswara Reddy, S/o.PeddaThirupathireddy, Aged about 32 years, R/o 7-48/A, Near Checkpost, Komarolu, Prakasam^District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department, A.P., Secretariat, Velagapudi, Amaravathi, Guntur District.

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...PETITIONER

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TheTahsildar, Srisailam Mandal, Srisailam, Nandyal^District.

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The Station House Officer, II Town PS Srisailam, Nandyal District.

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...RESPONDENTS

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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 a writ, order or direction more particularly one in the nature of a writ of mandamus or any other appropriate writ, order or direction declaring the action of 3'^'^ respondent in seizing the tippers

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bearing Nos. AP39UN1779 and AP39UN1689 of the petitioners^without follow[n^.due process of lawas illegal, arbitrary and^{contrarytotheclause} ;l6 ,of.G,0".l|s.No.71 Dt:04-09- 2019 and violation of Article 14, 21, 300A of the Constitution of India and Consequently direct the respondent nos.2 and ? tippers bearing Nos. AP39UN1779 and AP39UN1689 of the%ftitioners

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondent nos. 2 and 3 to release the tippers bearing Nos.AP39UN1779 and AP39UN1689 of the petitioners pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI P.GANGA RAMI REDDY

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Counsel for the Respondent No.1: GP FOR MINES AND GEOLOGY

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Counsel for the Respondent No.2: GP FOR REVENUE

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Counsel for the Respondent No.3: GP FOR HOME

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The Court made the following: ORDER

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APHC010292542024

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IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction)

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[3310]

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THURSDAY .THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 14611/2024

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Between:

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Muram Venkateswara Reddy

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...PETITIONER

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AND

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The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.PGANGA RAMI REDDY

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Counsel for the Respondent(S):

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1.GP FOR HOME

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2.GP FOR REVENUE

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3.GP FOR MINES AND GEOLOGY

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The Court made the following Order:

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Today, when the matter is taken up for hearing, Mr.P.Ganga^Rami Reddy, learned counsel for the petitioner submits that^{theissueinvolvedin}

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the present writ petition is squarely covered by an^{orderofthisCourt} in W.P.No.671 of 2020, dated 08.01.2020, and hence, requests^thisCourtto

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pass similar order in this petition also. The operative portion of the said

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order is as follows:

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“Therefore, recording submissions of the learned Government Pleader for Mines and Industries, the respondent authorities are directed to impose penaltyⁱⁿ terms of Clause 16 of the G.O.Ms.No.71, dated 04-09-2019 and on payment of penalty, the respondents shall release the vehicle. With the above direction, this Wnt Petition is disposed of at the stage of admission with the consent^of both the counsel.”

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Learned Assistant Government Pleader for Mines and Geology appearing for the respondent No.l; learned Assistant^{GovernmentPleader} for Revenue appearing for the respondent No.2 and learned^Assistant Government Pleader for Home appearing for the respondent No.3 reported no objection to dispose of the present writ petition^{onthesamelines.}

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In that view of the matter, this Court deems fit to dispose of the writ petition in terms of the order dated 08.01.2020 passed in W.P.No.671 of 2020 at the stage of admission.

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Accordingly, the writ petition is disposed of in terms^oforderdated 08.01.2020 passed in W.P.No.671 of 2020 by this Court and the respondent authorities are directed to impose penalty^{intermsofClause16} of G.O.Ms.No.71, dated 04.09.2019 and on payment of such penalty by the

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petitioner, the respondents shall release the tippers bearing NOS.AP39UN1779 and AP39UN1689 to the petitioner, upon producing ownership documents of the said vehicles to the satisfaction^ofthe 3''^ respondent.

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There shall be no order as to costs.

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As a sequel, miscellaneous applications pending, if^{any,shallstand}

closed.

//TRUE COPY//

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