Writ petition challenging the seizure of a tractor under APMMC Rules, 1966. The Court followed its order in W.P.No.17254 of 2024, directing release of the vehicle upon payment of a penalty as per G.C.Ms.No.43.
Release of tractor upon payment of penalty under G.C.Ms.No.43
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■4.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
4 ■
THURSDAY ,THE TWENTY SECOND DAY OF AUGUS'^o;^^
TWO THOUSAND AND TWENTY FOUR >1
o
o
PRESENT -fc
V
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 18372 OF 2024
Between:
Palaparthi Kiran Kumar, S/o.Edukondalu, aged about26years,Ownerof Tractor bearing No. AP39TG7152 and its Trailer, R/o. 14-47, Near Krishna Rao Hospital, Kolluru, Bapatia District -522324.
...PETITIONER
AND
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 order or directionmoreparticularlyone in the nature of Writ of Mandamus declaring the action of the 3rd Respondent
(
r
%
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition,theHighCourtmaybe respondents to release the Tractor bearing pleased to direct the AP39TG7152 and its Trailer of the Petitioner pendingdisposaloftheabove writ petition in the interest of justice.
Counsel for the Petitioner;
SRI B JAVA PRABHAKARA RAO
Counsel for the Respondent No.1: GP FOR MINES AND GEOLOGY
Counsel for the Respondent No.2: GP FOR REVENUE
Counsel for the Respondent No.3: GP FOR HOME
The Court made the following; ORDER
1
f
APHC010362822024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3310]
THURSDAY ,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 18372/2024
Between:
Palaparthi Kiran Kumar,
...PETITIONER
AND
The State Of Andhra Pradesh and Others
...RESPONDENT{S)
Counsel for the Petitioner:
1.GP FOR HOME
2.GP FOR REVENUE
3.GP FOR MINES AND GEOLOGY
The Court made the following:
ORDER:
The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
appropriate order or direction more particularly one In the nature of Writ of Mandamus declaring the action of the 3''^ Respondent in seizing the Tractor bearing No. AP39TG7152 and its Trailer of the Petitioner in connection with FIR No. 175 of 2024 without following the procedure known to the law under APMMC Rules , 1966
2
as illegal, irregular, arbitrary and contrary to the procedure established by law and against to the principles of natural justiceandviolativeof fundamental rights guaranteed under Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the above said vehicles of the Petitioner forthwith in the interest ofJustice and pass ”
- Heard Mr B.Jaya prabhakara Rao, learned counsel appearingfor the petitioner and the learned Assistant Government Pleader for Mines and Geology appearing for the Respondent No.1.
- On hearing, learned counsel for the petitioner submitsthatthe matter is squarely covered by the order passed by thisCourtinW.P.No.17254 of 2024, dated 07.08.2024, and hence, requests this Court to pass similar order in this petition also.
- Learned Assistant Government Pleader appearing for the respondents opposed for grant of any relief in the writ petition and prayed to dismiss the same.
- Following the same, this Writ Petition is also disposedofintermsof the order passed in W.P.No.17254 of 2024, dated 07.08.2024 directing the respondent authorities to impose penalty in terms of Clause 6 (III) (O) (i) of G.C.Ms.No.43 Industries and Commerce (Mines-lll) Department, dated 08.07.2024 and on payment of such penalty by the petitioner, the respondents shall release the Petitioner vehicle i.e., the Tractor bearing NO.AP39TG7152 and its Trailer upon producing the ownershipdocumentsof
3
the said vehicle to the satisfaction of the 3 respondent. There shall be no order as to costs.
As a sequel, miscellaneous applications pending if any, shall stand
closed.
SD/- G HELA NAIDU assistant^ REGISTRAR
//TRUE COPY// ICER SEC
/
JS
HIGH COURT
p \ ♦' i: ^ DATED:22/08/2024
I 4:j ■
ORDER
WP.No.18372 of 2024
:^F ANOTy/^
m
,,g 1 0 DEC 202'!
Co.
, Current Section . ^
DISPOSSING THE WP WITHOUT COSTS
1 issue framed by the court
Whether the seizure of the petitioner's tractor without following APMMC Rules, 1966 was illegal and violative of fundamental rights?
Colour shows how this judgement treated each authority
W.P.No.17254 of 2024, dated 07.08.2024Followed¶58
5 provisions across 2 enactments
Palaparthi Kiran Kumar
State of Andhra Pradesh
Tahsildar, Kolluru
Station House Officer, Kolluru Police Station
K Manmadha Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
