Dismissed

V Nagaraju v. the State of Ap

Andhra Pradesh HC24 Sept 2024WP/21145/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the illegal seizure of tractors and trailers. The Court directed the disposal of the petition in terms of a prior order, mandating the imposition of penalty under a specific government order and the subsequent release of vehicles upon payment of the penalty and production of ownership documents.

What did the court decide?

Directing release of seized vehicles AP39UT9113 and AP39US6260 upon payment of penalty and production of ownership documents.

V Nagaraju Vs the State of Ap — Writ and Judicial Review | 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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WEDNESDAY, THE TWENTY FIFTH 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: 2114fi OF 2024

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Between:

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V Nagaraju, (Veh.NO. AP33UT9113) S/o. Sivaiah age 35 years, R/o. D.No. 4-154, Batchula vari palem, Vetapalem, Bapatia District

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Y.Tirumalarao (Veh.NO. AP33US6260), S/o. Parameswararao, age 35 years, R/o. D.No. 2-180/1, Pandillapalli, Vetapalenn Mandal, Bapatia district

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...Petitioners

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AND

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The State of Andhra Pradesh, Rep. by its PrI. Secretary, Department of Mines, Secretariat, Amaravati, Guntur District

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The Tahsildar, Mandal Revenue Office, Vetapalem, Bapatia District

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The Station House Officer, Vetapalem P.S., Bapatia 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 Of Mandamus or any other appropriate writ, order or direction declaring the action of the 3^^ Respondent in seizing the Tractor and Trailor of petitioners in connection with Crime No. 222 of 2024 without following due process of law as illegal, arbitrary, ultra vires, without jurisdiction and violation - j of Article 14, 19(1)(g) and Orders of 1®* Respondent and consequently direct the 3^^ Respondent to release the Petitioners seized vehicles (Tractors alongwith Trailers) to the petitioners in the said subject crime.

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Counsel for the Petitioners : SRI THOTA RAMAKOTESWARA RAO Counsel for the Respondents No.1: ASST. GP FOR MINES^&GEOLOGY Counsel for the Respondents No.2: ASST. GP FOR REVENUE Counsel for the Respondents No.3: ASST. GP FOR HOME

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The Court made the following: ORDER

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APHC010414782024

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

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[3310]

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WEDNESDAY,THE TWENTYFIFTH 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: 21145/2024

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Between;

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V Nagaraju and Others ...PETITIONER(S)

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AND

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

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Counsel for the Petitioner(S):

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1 .THOTA RAMAKOTESWARA RAO Counsel for the Respondent{S):

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1.GPFOR 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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The Writ Petition is filed under Article 226 of the Constitution of India,

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seeking the following relief:

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" to issue a writ of Mandamus or any other appropriate writ order or direction declaring the action^of the 3^^ Respondent in seizing the Tractor and Traitor^of petitioners in connection with Crime No.222 of 2024 without following due process of law as illegal, arbitrary, ultra vires, without jurisdiction and violation of^Article 14, ‘^9(1)(g) and Orders of 1^* Respondent and consequently direct the 3^“^ Respondent to release the Petitioners^seized vehicles Tractors alongwith Trailers to the petitioners in the said subject crime ’’

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Heard Mr.T.Rama Koteswara Rao, learned counsel for the petitioner; Mr.Abdul Rashid, learned Assistant Government Pleader for Mines and Geology, appearing for the respondent No.1; learned^{AssistantGovernment} Pleader for Revenue appearing for the respondent No.2^{andlearnedAssistant} Government Pleader for Home appearing for the respondent^No.3.

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Learned counsel for petitioner submits that the subject^matterofthis Writ Petition is squarely covered by the order dated 22.08.2024 passed by this Court in W.P.No.18372 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 vehemently opposed to grant any relief and prays to dismiss the writ petition.

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On considering the submissions of both the learned counsels and upon perusing the material on record, this Court deems fit to dispose of the writ petition in terms of the order dated 22.08.2024 passed in W.P.No. 18372 of 2024, at the stage of admission.

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Accordingly, the writ petition is disposed of in terms of order passed in W.P.No. 18372 of 2024, dated 22.08.2024 by this Court and the respondent authorities are directed 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 respondents shall release the vehicles bearing Nos.AP39UT9113 and

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AP39US6260 (Tractors along with Trailors) to the petitioners, upon producing their ownership documents of the said vehicles to the satisfaction of the 3'*^

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respondent. There shall be no order as to costs.

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