The court disposed of the petition regarding the release of a detained TATA Hitachi vehicle, following a previous order in a similar writ petition that directed release upon payment of penalty.
Vehicle to be released on payment of penalty and production of ownership documents as per prior order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction)
TUESDAY. THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 20305 OF 2024
Between:
P Kiran Kumar Reddy, S/o P, Raja Gopal Reddy, Age 45 Years Occ Business, R/o 3-41, Agraharam, Kadapa District
...Petitioner
AND
Anantapur District ...Respondents
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 nature of Writ of Mandamus declaring the inaction on the part of the Respondents 2 and 3 in giving interim custody of Vehicle TATA Hitachi Model No EX110 Machine Serial No.S110-11312 detained in connection with Proceedings Rc.No.B/242/2024 dt.14.08,2024 of Tahsiidhar Guntakal, Anantapur District to Petitioner as illegal and arbitrary and consequently direct the Respondents 2 and 3 to release the Petitioners
rr
*■
Vehicle TATA Hitachi Model No EX110 Machine Serial No. S110-11312 detained in connection with Proceedings Rc.No.B/242/2024dt.14.08.2024 '
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.2 for taking appropriate steps in pursuance of Representation dated 23.08.2024 for givinginterimcustody of Vehicle TATA Hitachi Model No. EX110 Machine Serial No. S110-11312 detained in connection with proceedings Rc. No. B/242/2024 dated 14.08.2024 to the petitioner pending disposal of theWritPetition -
Counsel for the Petitioner: SRI N CHANDRA SEKHAR REDDY
Counsel for the Respondents No.1 and 2: GP FOR MINESAND GEOLOGY
Counsel for the Respondent No.3: GP FOR REVENUE
Counsel for the Respondent No.4: GP FOR HOME
The Court made the following: Order
1
APHC010395472024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
[3310]
(Special Original Jurisdiction)
TUESDAY .THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 20305/2024
Between:
P Kiran Kumar Reddy
...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1.N CHANDRA SEKHAR REDDY
Counsel for the Respondent(S):
1.GP FOR REVENUE
2.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;
“ declaring the inaction on the part of the Respondents2and3in giving interim custody of Vehicle TATA Hitachi ModelN0.EXIIOMachine Serial No.S110-11312 detained in connection with Proceedings Rc.No.B/242/2024 dt. 14.08.2024 of Tahsildhar, Guntakal, Anantapur District to Petitioner as illegal and arbitrary and consequently direct the
2
Respondents 2 and 3 to release the Petitioner’s VehicleTATAHitachi Model No EX110 Machine Serial No.S110-11312 detainedinconnection with Proceedings Rc.No.B/242/2024 dt. 14.08.2024 and to pass such other order or orders ”
- Heard learned counsel appearing for the petitioner,learnedAssistant Government Pleader for Mines and Geology, appearing for the respondents 1 and 2 and learned Assistant Government Pleader for Revenue, appearing for the 3^^ respondent.
- Learned counsel for the petitioner submits that thesubject matterofthis Writ Petition is squarely covered by the order dated24.07.2024passedbythis Court in W.P.No.15756 of 2024, wherein this Court hasorderedforreleaseof the vehicle on payment of penalty by the petitioner.
- Following the same, this Writ Petition is also disposedofintermsofthe order passed in W.P.No.15756 of 2024, dated 24.07.2024 directing the respondent authorities to impose penalty in terms ofClause 6(III)(Q) of G.O.Ms.No.43, Industries and Commerce (Mines-lll), Department, dated 08.07.2024 and on payment of such penalty by the petitioner,therespondents shall release the vehicle i.e., TATA Hitachi ModelN0.EXIIOMachineSerial No.SIIO-11312, upon producing the ownership documents of the said
3
vehicles to the satisfaction of the 4‘^ respondent. There shall be no order as
to costs.
As a sequel, miscellaneous applications pending, if any, shall stand
closed.
To,
//TRUE COPY//
Sd/- V SAVITHRI GOWRI ASSISTANT REGISTRAR 0^.
SECTION OFFICER
gsg
\
HIGH COURT
DATED: 17/09/2024
ORDER
WP.No.20305 of 2024
5^
o
^ 0 6 FEB 2025
;\o
. Current Section
DISPOSING THE WP WITHOUT COSTS
1 issue framed by the court
Whether the inaction of respondents in releasing the detained vehicle is illegal and arbitrary?
P Kiran Kumar Reddy
State of Andhra Pradesh
District Minerals, Secretariat
Deputy Director of Mines and Minerals, Anantapur
Tahsildhar, Guntakal Mandal, Anantapur District
Station House Officer Guntakal Police Station
K MANMADHA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
