Disposed

Tanakasala Baji v. the State of Andhra Pradesh

Andhra Pradesh HC10 Jul 2024WP/14637/2024

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition seeking release of seized vehicles at the stage of admission by following a precedent. The Court directed the respondents to impose a penalty under G.O.Ms.No.71 and release the vehicles upon payment of such penalty.

What did the court decide?

Direction to impose penalty under G.O.Ms.No.71 and release vehicles upon payment of such penalty.

Tanakasala Baji Vs the State of Andhra Pradesh — Andhra Pradesh HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

¶2

(Special Original Jurisdiction)

¶3

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

¶4

PRESENT

¶5

THE HONOURABLE DR JUSTICE K MANMADHA RAO .

¶6

WRIT PETITION NO: 14637 OF 2024

¶7

Between:

¶8

Tanakasala Baji, S/o. Narasimharao, aged about 44 years, R/o. H. No 3-19/3, Chirravuru, Tadepalli Mandal, Guntur District.

¶9

...PETITIONER

¶10

AND

¶11

The State of Andhra Pradesh, Rep. by its. Principal Secretary, Mines and Geology Department, Velagapudi, Guntur District. ,

¶12

TheTahsildar, Bhavanipuram Mandal, Vijayawada, N.T.R^District.

¶13

The Station House Officer, Bhavanipuram Mandal, Vijayawada, N.T.R District.

¶14

...RESPONDENTS

¶15

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 Writ of Mandamus declaring the action of respondents in seizing the Tractor Bearing No. AP 07 TM 2172 and Trailer Bearing^No.AP39VE

¶16

8810 of the petitioner without following any procedure^{understatutes} as illegal, arbitrary and violative of the procedure contemplated^undertheA.P. Minor Mineral Concession Rules, 1966 and provisions of the Mines and

¶17

^ Minerals (Development & Regulation) Act, 1957., and the rules made there

¶18

• unde.r apart from being violation of Article 14, 19(1)(g) and 300-A of Constitution of India and consequently direct the respondents^toreleasethe vehicle of the petitioner from their custody

¶19

lA NO: 1 OF 2024

¶20

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 to direct the 2 nd and 3'^^ respondents to grant interim custody of Tractor Bearing No. AP 07 TM 2172 and Trailer Bearing^{No.AP39VE8810} to the petitioner pending disposal of the above writ petition

¶21

Counsel for the Petitioner: SRI CRETAN PONNURU

¶22

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

¶23

Counsel for the Respondent No.2: GP FOR REVENUE

¶24

Counsel for the Respondent No.3: GP FOR HOME

¶25

The Court made the following Order

[3310]

APHC010293392024

0^0 0hf3J:

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

¶30

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

¶31

PRESENT

¶32

THE HONOURABLE DR JUSTICE K MANMADHA RAO

¶33

WRIT PETITION NO: 14637/2024

Between:

Tanakasala Baji

...PETITIONER

AND

The State Of Andhra Pradesh and Others

¶39

...RESPONDENT(S)

¶40

Counsel for the Petitioner:

¶41

1.CHETAN PONNURU

¶42

Counsel for the Respondent(S):

¶43

1.GP FOR HOME

¶44

2.GP FOR REVENUE

¶45

3.GP FOR MINES AND GEOLOGY

¶46

The Court made the following Order:

¶47

Today, when the matter is taken up for hearing, Mr.Chetan^Ponnuru, learned counsel for the petitioner submits that the^{issueinvolved} in the present writ petition is squarely covered by an order of this Court in W.P.No.671 of 2020, dated 08.01.2020, and hence, requests^thisCourtto

¶48

■>

¶49

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

¶50

order is as follows:

¶51

“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 Writ Petition is disposed of at the stage of admission with the consent^of both the counsel. ”

¶52

Learned Assistant Government Pleader for Mines and Geology appearing for the respondent No.1; learned Assistant Government^Pleader 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.}

¶53

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.

¶54

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

¶55

^ ■

¶56

petitioner, the respondents shall release the vehicles i.e., the Tractor bearing No.AP07TM2172 and Trailer bearing No.AP39VE8810 to the petitioner, upon producing ownership documents of the^{saidvehiclestothe} satisfaction of the respondent.

¶57

There shall be no order as to costs.

¶58

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

¶59

closed.

¶60

//TRUE COPY//

¶61

SDI- V.SAVITHRI GOWRl ASSISTANT REGISTRAR

¶62

SECTION OFFICER