Allowed

Kalamala Nagaraju v. the State of Ap

Andhra Pradesh HC18 Jul 2024WP/15183/2024

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh at Amaravati disposed of a writ petition seeking the release of seized vehicles. The petitioner argued that the seizure was illegal and arbitrary. The Court relied on a previous order from WP.No.671 of 2020, directing authorities to impose a penalty and release vehicles upon payment and production of ownership documents.

What did the court decide?

Respondents directed to impose penalty under Clause 16 of G.O.Ms.No.71 dt. 04-09-2019 and release the seized tractor and trailer upon payment of penalty and production of ownership documents.

Kalamala Nagaraju Vs the State of Ap — Motor Accident Claims | Andhra Pradesh HC (2024)

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

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FRIDAY, THE NINETEENTH 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: 15183 OF 2024

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Between:

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Kalamala Nagaraju, S/o Muttaiah, age 40 years. Business R/o 1-138 Chirravuru Village, Tadepalli Mandal, Guntur District - 522 303

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...Petitioner

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AND

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Principal Secretary, Mines and

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Geology Department, Secretariat Building, Amaravati.

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The Tahsildar, Tadepalli Mandal, Guntur District.

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The Station House Officer, Tadepalli P.S, Gunturu District.

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...Respondents

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Petition under Article 226 of the Constitution of India is filed 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 m the nature of Writ of Mandamus declaring the action of the respondents in seizing the Tractor and Trailer bearing Nos.AP16TS3903 and AP39TZ5273 of the petitioner without following any procedure contemplated under the statute as illegal, arbitrary, capricious and violative of articles 14, 21 and 300A of the Constitution of India and also contrary to clause 16 of G.O.Ms.No.71 dt 04-09-2019. Consequently direct the 3rd respondent to release the petitioner's vehicle Tractor and Trailer bearing NOS.AP16TS3903 and AP39T25273 from their custody by forthwith.

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lA NO: 1 OF 2074

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Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed i in support of the petition, the High Court may be pleased to direct the 3'^^ respondent to release the petitioner's vehicle Tractor and Trailer bearing Nos.AP16TS3903 and AP39TZ5273 from their custody by forthwith pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI N A RAMACHANDRA MURTHY

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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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APHC010301002024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3310]

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(Special Original Jurisdiction)

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FRIDAY,THE NINETEENTH 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: 15183/2024

Between:

Kalamala Nagaraju

...PETITIONER

AND

The State Of Ap and Others ...RESPONDENT(S)

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Counsel for the Petitioner:

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1.N A RAMACHANDRA MURTHY

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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.N.A.Ramachandra Murthy, learned counsel for the petitioner submits

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that the issue involved 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,^andhence

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^ •

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requests this Court to pass similar order in this petition also. The operative

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portion of the said 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 penalty in 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.

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With the above direction, this Writ 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.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.}

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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 petitioner, the respondents shall release the vehicles i.e., the Tractor and

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Trailer bearing Nos.AP16TS3903 and AP39TZ5273 to the petitioner, upon

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producing ownership documents of the said vehicles to the satisfaction of

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the 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, shall stand

closed.

To,

//TRUE COPY//

SD/- B CHITTI JOSEPH ASSISTANT REGISTRAR

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SECTl^ OFFICER

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^ Geology Department, Secretariat Building, Amaravati, Andhra Pradesh

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The Tahsildar, Tadepalli Mandal, Guntur District.

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The Station House Officer, Tadepalli P.S, Guntur District.

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One CC to SRI N A RAMACHANDRA MURTHY Advocate [OPUC]

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PmdS^^[OUT]' geology. High Court of Andhra

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Two GO’S to GP FOR Home, High Court of Andhra Pradesh. [OUT]

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Two GO’S to GP FOR Revenue, High Court of Andhra Pradesh [OUT]

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Three CD Copies

MVS

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HIGH COURT

DATED:19/07/2024

ORDER

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X 16 OCT 2::'i m,;
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^7* Current SectJP''

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WP.No.15183of2024

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DISPOSING OF THE W.P WITHOUT COST

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2-‘G

Kalamala Nagaraju v. the State of Ap

Case brief

What is this about?

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Kalamala Nagaraju v. the State of Ap

Case brief

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