Allowed

Chinnamsetti Kiran, v. The State of Andhra Pradesh,15555

Andhra Pradesh HC5 Sept 2024WP/19460/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the seizure of tractors and trailers. Relying on a prior order (W.P.No.15756 of 2024), the Court directed respondents to release the vehicles upon payment of penalty and production of ownership documents to satisfy the police authority.

What did the court decide?

Respondents to release seized tractors and trailers upon payment of penalty as per G.O.Ms.No.43 and production of ownership documents.

Chinnamsetti Kiran, Vs The State of Andhra… — Property and Title | 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 SIXTH DAY OF SEPTEMBER 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: 19460 OF 2024

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Between:

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Chinnamsetti Kiran, S/o.Babu Rao, aged about 28 years, Owner of Tractor and its Trailer R/o.7-103, Gangavaram, Koyyalagudem, Eluru District-534451.

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Lingala Srinu, S/o. Yesubabu, aged about 25 years,^{OwnerofTractor} and its Trailer, R/o. D.No.7-128/B, Near Ramalayam temple, Gangavaram, Koyyalagudem, Eluru District-534451.

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Sakkinala Suresh, S/o. Yesayya, aged about 30 years. Owner of Tractor R/o. D.No.4-19, Main Road, Rajavaram, Koyyalagudem,^Eluru District-534312.

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Shek Shamir, S/o. Meera Saheb, aged about 28 years.^{OwnerofTrailer} R/o. D.No.6-41, Subbarayudu peta, Rajavaram, Koyyalagudem,^Eluru District-534312.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department, Secretariat Buildings, Velagapudi, Amaravathi, Gutur District-522237.

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The Tahsildar, Koyyalagudem, Eluru District.

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The Station House Officer, Koyyalagudem Police Station^{EluruDistrict.}

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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 appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in seizing the Tractor bearing AP37TF2380 and its Trailer NO.AP37TF2375 of the 1st Petitioner, Tractor bearing NO.AP39W9993 and its Trailer No.AP39W3956 of the 2nd Petitioner, Tractor bearing NO.AP39UB0160 of the 3rd Petitioner and its Trailer NO.AP39TH8058 of the 4th Petitioner in connection with FIR No. 185 of 2024 without following the procedure known to the law under APMMC Rules 1966 as illegal, irregular, arbitrary and contrary‘to the procedure established by law and against to the principles of natural justice and violative of 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 Petitioners forthwith in the interest of justice

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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 to direct the respondents to release the Tractor bearing AP37TF2380 and its Trailer No.AP37TF2375 of the 1st Petitioner, Tractor bearing No.AP39W9993 and its Trailer No.AP39W3956 of the 2nd Petitioner, Tractor bearing No.AP39UB0160 of the 3rd Petitioner and its Trailer No.AP39TH8058 of the 4th Petitioner pending disposal of the above writ petition in the interest of justice

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Counsel for the Petitioner(s): 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

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APHC010384572024

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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 SIXTH DAY OF SEPTEMBER 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: 19460/2024

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Between:

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Chinnamsetti Kiran, 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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B JAYA PRABHAKARA RAO

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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:

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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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“ declaring the action of the 3"^ Respondent in seizing^theTractor bearing No.AP37TF2380 and its Trailer No.AP37TF2375 of the Petitioner, Tractor bearing NO.AP39W9993 and its Trailer

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of fho 2"^^ Petitioner, Tractor bearing No.AP39UB0160 of the J Petitioner and its Trailer No.AP39TH8058 of the 4^ Petitioner in connection with FIR No. 185 of 2024 without following the procedure known to the law under APMMC Rules, 1966 as illegal, irregular, arbitrary and contrary to the procedure established by law and against to the principles of natural justice and violative of 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 Petitioners forthwith in the interest of Justice and pass such other order or orders ”

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Heard learned counsel appearing for the petitioners, learned Assistant Government Pleader for Mines and Geology, appearing^forthe1 respondent, nd learned Assistant Government Pleader for Revenue, appearing^forthe2 respondent and learned Assistant Government Pleader for Home, appearing for the 3'"^ respondent.

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Learned counsel for petitioners submits that the subject matter of this Writ Petition is squarely covered by the order dated 24.07.2024 passed by this Court in W.P.No.15756 of 2024, wherein this Court has ordered for release of the vehicle on payment of penalty by the petitioner.

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Learned Assistant Government Pleaders do not refute the said submission. 5. Following the same, this Writ Petition is also disposed of in terms of the order passed in W.P.No.15756 of 2024, dated 24.07.2024 directing the respondent authorities to impose penalty in terms of Clause 6(lll)(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 the petitioners the

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respondents shall release the Tractor bearing No.AP37TF2380^{anditsTrailer} NO.AP37TF2375 of the Petitioner, Tractor bearing No.AP39W9993^andits Trailer No.AP39W3956 of the 2'^'* Petitioner, Tractor bearing No.AP39UB0160 to the 3'^^ Petitioner and its Trailer No.AP39TH8058 to the 4*^ Petitioner, upon

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producing the ownership documents of the said vehicles^{tothesatisfactionof} the 3’’^ respondent. There shall be no order as to^costs.

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

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closed.

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Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR

//TRUE COPY//

//SECTION OFFICER

1, The Principal Secretary Mines and Geology D^part-nent Secretariat Buildings, Velagapudi, Amaravathi, Gutur District-b22ZJ/.

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The Tahsildar, Koyyalagudem, Eluru District.

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Koyyalagudem Police Station Eluru District.

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1. The Station House Officer,

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One CC to Sri. B Jaya Prabhakara Rao, Advocate [OPUC]

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GP For Mines And Geology .High Court Of Andhra

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TwoCCsto Pradesh. [OUT]

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High Court of Andhra Pradesh.[OUT].

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1. Two CCS to GP For Revenue

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Two CCS to GP For Home

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High Court of Andhra Pradesh.[OUT].

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THREE CD Copies

HIGH COURT

DATED:06/09/2024

ORDER

WP.No.19460 of 2024

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m
g 2 1 SEP 20?'. C/}"'Ij
^ Current Section ^

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disposing of the wp without costs

Chinnamsetti Kiran, v. The State of Andhra Pradesh,15555

Case brief

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Chinnamsetti Kiran, v. The State of Andhra Pradesh,15555

Case brief

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