Writ petition challenging arbitrary seizure of a vehicle was disposed of by dismissing it. The Single Judge ordered closure without costs and directed compliance with G.O.Ms.No.71 if penalties are levied.
Petition dismissed without costs. Proceeding subject to G.O. compliance if penalties are levied.
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)
MONDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
HON’BLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 33150 OF 2ni«
atween: Avva Ramana, S/o A. Appalakonda, Aged about 32 years, Occ. Business R/o Avvapeta Village, Svaravilli post, Bhogapuram Mandal, Visakhapatnam District ...PETITIONER AND
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 order or direction more particularly one in the nature of writ of Mandamus declaring he action of the respondents in seizing the vehicle bearing No. AP31TF5598 (lorry) belonging to the petitioner without following any procedure, known to law, as arbitrary, illegal and violative of Article 19 21 of the Constitution of India and consequently direct the respondents to release the above vehicle from the custody of the respondents forthwith.
lA NO: 1 OF 2ni«
Petition under Section 151 CPC is filed praying that in the ^iiwmstances stated in the affidavit filed in support of the petition, the Wit^, Court may be pleased to direct the respondents to grant interim vehicle bearing No. AP 31TF5598 belonging to the ", petiti9ner, pending disposal of the above writ petition
Counsel for the Petitioner: SRI SRAVAN KUMAR NAIDANA Counsel for the Respondent No.3: GP FOR HOME
Counsel for the Respondent Nos. 1 & 2: GP FOR MINES AND GEOLOGY The Court made the following: ORDER
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APHC010687772018
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3310]
MONDAY ,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 33150/2018
Between:
Avva Ramana ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1.SRAVAN KUMAR NAIDANA
Counsel for the Respondent(S):
1.GP FOR HOME (AP)
2.GP FOR MINES AND GEOLOGY (AP)
The Court made the following Order:
The Writ Petition is filed under Article 226 of the Constitution of India,
seeking the following relief:
" to issue a writ order or direction more particulariy one in the nature of writ of Mandamus deciaring heactionofthe respondents in seizing the vehicie bearing No.AP31TF5598 (lorry) belonging to the petitioner without following any procedure known to law, as arbitrary, illegal and violativeof Article 19, 21 of the Constitution of India and consequently direct the respondents to release the above vehiclefrom the custody of the respondents forthwith
2
14.09.2018 reads as follows;
in counsel for the petitioner submits that in Wnt Petition No.28898 of 2018, this Court dealth I amTi passed interim order in A.A/0.7 of 2018 on 16.08.2019 and thereby, prays for passing similar intenm order in the present Writ reiition also. In those Circumstances, there shall be interim direchon as prayed for, subject to the condition of the petitioner paying a sum of Rs. 1,00,000/- (Rupees One Lakh only) and producing relevant documents before petitioner shall give an to the effect that he will not alienate nor create any third party interest over the subject vehicle nor remove any major parts pending enquiry. ’’
3
W.P.No.16935 of 2017, dated 13.04.2023 and hence, requeststhisCourtto pass similar order in this writ petition also.
- Learned Assistant Government Pleader for the respondentsconceded to the same.
- Recording the submissions of both the counsel, thisWrit Petition is disposed of, in terms of the Order of this Court in W.P.No.16935 of 2017, dated 13.04.2023. No costs.
- As a sequel, miscellaneous applications pending, if any, shall stand closed.
- Registry is directed to attach a copy of the Order in Writ Petition No.169;i|^ of 2017" dated 13.04.2023, to this order.
li)
(» ti • • *
//TRUE COPY//
Sd/- P. VINOD KUMAR assistant registrar SEC ■fi^ToFFICER
To,
[OUT?^^ Geology, High Court of Andhra
TF
HIGH COURT
DATED:04/11/2024
ORDER
WP.No.33150 of 2018
DISPOSING OF THE W.P. WITHOUT COSTS
3!HEjJONOURABj^£ jgj^j JUSTTPP D.RAMESR
^^^^O^PgimQNNo.l693Snfoni7
ORDTO;
This Writ Petition under Article 226 of the Constitution of India is filed seeking to i issue an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the action of respondents i n seizing the Vehicles bearing Nos. AP07TD1377, AP16TE5173 and AP31TA4128 of the petitioners without following any procedure under statues as illegal and arbitraiy and consequently direct the respondents to release the vehicle. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents.
At the stage of admission, this Court has passed interim order on 11.05.2017 directing the respondents to release the seized vehicles of the petitioners subject to the condition of furnishing third party security to the satisfaction of the competent authority and with an
2
undertaking that the seized vehicles shall not be alienated pending disposal of the writ petition.
Learned Government Pleader appearing for the respondents brought to the notice of this Court about the rules made there under G.O.Ms. No.71; as per clause 16 of the said G.O., the petitioners has to pay penalty for release of the seized vehicle s. However, based on the interim directions of this Court, the seized vehicles has been handed over to the petitioners towards i interim custody. In view of the said ci - circumstances, liberty is given to the respondents to issue notice under Clause 16 of G.O.Ms.No.71. If any such notice is received, the petitioners are directed to comply the same. Accordingly, the Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
Date : 13.04.2023 tm
JUSTICE D.RAMESH
1 issue framed by the court
Whether the High Court should dispose of the writ petition seeking release of seized vehicle declaring seizure arbitrary and illegal.
1 provisions across 1 enactments
Avva Ramana
The State of Andhra Pradesh
K Manmadha Rao
D. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
