Disposed

P Chandrasen v. the State of Andhra Pradesh

Andhra Pradesh HC21 Aug 2024WP/18493/2024

Case brief

AI extract

What is this about?

Court disposed of the Writ Petition under Article 226 concerning the illegal seizure of vehicles. Directed that upon payment of penalty under the relevant G.O.Ms., vehicles shall be released upon production of ownership documents to the satisfaction of the second respondent.

What did the court decide?

Petitioners to release vehicles after payment of penalty and submission of ownership documents. No order as to costs.

P Chandrasen Vs the State of Andhra Pradesh — Property and Title | 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 TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 18493 OF 2024

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Between;

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P.Chandrasen, S/o. P. Ravindrababu, Aged about 28 Years, Occ. Business, D.No. 13-6-771/A3/2, P.K Layout, Tirupati, Tirupati District, Andhra Pradesh.

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Paradesi Muni Rathnam, S/o. Venkataswamy, Aged about^49Years, Occ.Business, D.No.6-10-131, Singalagunta, Tirupati, Tirupati District, Andhra Pradesh.

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...PETITIONERS

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AND

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The State of Andhra Pradesh, Rep. by its. Principal Secretary, Mines & Geology Department, Velagapudi, Amaravati, Andhra Pradesh.

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The Station House Officer, Alipiri Police Station, Tirupati, Tirupati District.

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The District Mines & Geology Officer, Tirupati, Tirupati 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 an order, writ or direction more^{particularlyinthenature} of Writ of Mandamus declaring the action of respondents in seizing the Vehicles Tractor bearing No. AP 39UW 8911 & Trailer^{No.AP39VF0469} and Tractor bearing No. AP 39TC 0647 & Trailer No.^{AP39TC0648ofthe} petitioners without following any procedure under statutes as illegal, arbitrary and violative of Article 19, 21 of Constitution of India and consequently direct the respondents to release the vehicles from their custody.

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'^1a 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,^{theHighCourtmaybe} nd respondent to grant interim custody of vehicles pleased to direct the 2 39UW 8911 & Trailer No. AP 39VF 0469 and Tractor bearing No. AP AP 39TC 0647 and Trailer No. AP 39TC 0648 to the Tractor bearing No. petitioners pending disposal of the Writ Petition

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Counsel for the Petitioner; SRI K NAVEEN KUMAR Counsel for the Respondents No.1 & 3: GP FOR MINES^ANDGEOLOGY Counsel for the Respondent No.2; GP FOR HOME The Court made the following: Order

'ii APHC010366242024

SLE^-’-iin

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

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[3310]

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THURSDAY ,THE TWENTY SECOND DAY OF AUGUST 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: 18493/2024

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Between:

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P Chandrasen and Others

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...PETITIONER(S)

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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(S):

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1.K NAVEEN KUMAR

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Counsel for the Respondent(S):

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1.GP FOR HOME

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2.GP FOR MINES AND GEOLOGY

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The Court made the following;

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ORDER;

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The Writ Petition is filed under Article 226 of the^{ConstitutionofIndia}

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seeking the following relief:

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“ to issue an appropriate order or direction more particularly one In the nature of Writ of Mandamus declaring the^action of the respondents in seizing the Tractor bearing No.AP39UW8911 and Trailer No.AP39VF0469 and Tractor bearing No.AP39TC0647 and Trailer No.AP39TC0648 of the petitioners without following due process of law as illegal, arbitrary and consequently direct the

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respondents to release the above said vehicles of the Petitioner forthwith in the interest of justice and pass ”

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Heard Mr K.Naveen Kumar, learned counsel appearing for the petitioners and the learned Assistant Government Pleader for Mines and Geology appearing for the Respondent No.1.

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On hearing, learned counsel for the petitioners submits^thatthe matter is squarely covered by the order passed by this^{CourtinW.P.No.17254} of 2024, dated 07.08.2024, and hence, requests this^{Courttopasssimilar} order in this petition also.

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Learned Assistant Government Pleader appearing for the respondents opposed for grant of any relief in the^{writpetitionandprayedto} dismiss the same.

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Following the same, this Writ Petition is also disposed^ofintermsof the order passed in W.P.No.17254 of 2024, dated 07.08.2024^directingthe respondent authorities to impose penalty in terms of^{Clause6(111)(Q)(i)of} G.O.Ms.No.43 Industries and Commerce (Mines-lll), Department, dated 08.07.2024 and on payment of such penalty by^{thepetitioners,the} respondents shall release the Petitioners vehicle i.e., the Tractor bearing NO.AP39UW8911 and Trailer No.AP39VF0469 and Tractor bearing NO.AP39TC0647 and Trailer No.AP39TC0648 of the petitioners upon producing the ownership documents of the said vehicles^{tothesatisfactionof} the 2'"'* respondent. There shall be no order as to^costs.

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

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closed.

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Sd/- M SURYANADHA REDDY DEPUTY\REGISTRAR

//TRUE COPY//

SE FFICER

The Principal Secretary, State of Andhra Pradesh,^{MinesandGeology} Department, Velagapudi, Amaravati, Andhra Pradesh.

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The Station House Officer, Alipiri Police Station, Tirupati, Tirupati District.

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The District Mines and Geology Officer, Tirupati,^{TirupatiDistrict.}

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One CC to SRI K NAVEEN KUMAR Advocate [OPUC]

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Two CCS to GP FOR MINES AND GEOLOGY, High Court^ofAndhra Pradesh [OUT]

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Two CCs to GP FOR HOME, High Court of Andhra Pradesh^[OUT]

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Three CD Copies

ANR

HIGH COURT

DATED:22/08/2024

ORDER

WP.No.18493 of 2024

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X 0 7 FEB 2025 to
^ . Curreni aeciion

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DISPOSING THEWP WITHOUT COSTS

P Chandrasen v. the State of Andhra Pradesh

Case brief

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P Chandrasen v. the State of Andhra Pradesh

Case brief

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