Disposed

Nagipogu Mariyamma, v. The State of A.P

Andhra Pradesh HC5 Nov 2024WP/41312/2017

Case brief

AI extract

What is this about?

Single Judge disposed of a writ petition seeking release of a seized tractor and trailer by relying on the principles and interim order passed in W.P. No. 16935 of 2017, allowing回眸 respondents liberty to issue penalty notices under G.O. Ms. No. 71.

What did the court decide?

Writ petition disposed of following order in W.P. No. 16935 of 2017; respondents given liberty to issue penalty notice under G.O. Ms. No. 71.

Nagipogu Mariyamma, Vs The State of A.P — 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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WEDNESDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE DR JUSTICE K. MANMADHA RAO

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WRIT PETITION NO: 41312 OF 2017

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Between:

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Nagipogu Mariyamma, W/o. Chinnaiah, Occ: Agriculture,^{Age;42years,R/o.} 2-82, Harijana Wada, Mallepalli Village, Bhramamgarimatam,^{KadapaDistrict,} A.P.

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...PETITIONER

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AND

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The State of A.P, rep. By its Principal Secretary,^Industries& Commerce (Mines-ll) Department, Velagapudi, Guntur,^A.P.

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The Additional Director, Mines and Geology Department, Dargamitta Nellore, Nellore District, A.P.

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The Station House Officer, Somasila PS, Nellore^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 a writ order or direction more^{particularlyone} in the nature of writ of mandamus, declaring the action of^the 3'^'^ respondent in Keeping the petitioners tractor and traitor bearing^{noAP04TW6968inthe} office premises which is illegal, unjust. Contrary to rules, violation of principles of natural justice and violation of Art^{14,16and19(1)(g)ofthe} constitution of India and consequently direct the respondents^2and 3 to release the tractor and trailer of the petitioner bearing^{nobearingnoAP} 04TW6968 forthwith.

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I.A. NO: 1 OF 2017(WPMP. NO: 51255 OF 2017)

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 2 and 3 to^{releasetheVehicleof} the petitioner bearing no AP 04TW6968 pending disposal of the writ petition.

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Counsel for the Petitioner : SRI V. NITESH

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Counsel for the Respondent Nos.1 & 2 : GP FOR MINES^ANDGEOLOGY

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Counsel for the Respondent No.3 : GP FOR HOME

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The Court made the following: ORDER

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APHC010940212017

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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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WEDNESDAY ,THE SIXTH DAY OF NOVEMBER 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: 41312/2017

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Between:

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...PETITIONER Nagipogu Mariyamma

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AND

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...RESPONDENT{S) The State Of A P and Others

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Counsel for the Petitioner:

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1.VNITESH

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Counsel for the Respondent(S): 1.GP FOR HOME (AP) 2.GP FOR MINES AND GEOLOGY (AP)

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The Court made the following 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 a writ order or direction more particuiariy one in the nature of writ of mandamus declaring the action of the 3'^ respondent in Keeping^the petitioners tractor and traitor bearing no.AP.04TW6968 in the office premises which is illegal, unjust, Contrary to rules, violation of principles of natural Justice and^violation of Art 14, 16 and 19(1)(g) of the constitution of India^and consequently direct the respondents 2 and 3 to release^the tractor and trailer of the petitioner bearing no bearing^no AP04TW6968 forthwith

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At the stage of admission, this Court has passed an interim order on

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08.12.2017 reads as follows;

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Having regard to the facts and submissions and following the aforesaid interim order of this Court, there shall be interim direction to the respondents^to release the petitioner’s vehicle i.e., Tractor and Trailer bearing No.AP-04-TW-6968 and give interim custody of the same through the police concerned to the petitioner on condition of the petitioner furnishing personal bond or third party security for a sum of Rs. 1,00,000/[Rupees One Lakh only] to the satisfaction of the 2''“ respondent and on further giving an undertaking that he will not alienate the vehicle or create any third party interest over it and will not alter its nature and will produce the same as and when required before the authority concerned till disposal^of enquiry. ”

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Heard Mr.V.Nitesh learned counsel for the petitioner and Ms.P.Sudeepthi, learned Assistant Government Pleader for Mines and Geology appearing for respondent Nos.1 and 2.

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On hearing, learned Assistant Government Pleader appearing^forthe respondents brought to the notice of this Court with regard to G.O.Ms.No.71. As per Clause 16 of the said G.O.Ms.No.71, Industries, Infrastructure, Investment and Commerce (Mines-ll) Department, dated 04.09.2019, the petitioner has to pay penalty for release of the seized vehicles. However, based on the interim directions of this Court dated 08.12.2017, the seized vehicles have been handed over to the petitioner.

Learned counsel for the petitioner submits that, iln similar circumstances, a learned Single Judge of this Court has passed an order in W.P.No.16935 of 2017, dated 13.04.2023 and hence, requests^thisCourtto pass similar order in this writ petition also.

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Learned Assistant Government Pleader for the respondents^conceded to the same.

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Recording the submissions of both the counsel, this Writ 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.

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

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Registry is directed to attach a copy of the Order in Writ Petition No.16935 of 2017, dated 13.04.2023, to this order.

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to this order. Sd/-N.NAGAMMA //TRUE COPY// assistant registrar

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SEC^TtOT^rOFFICER

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To,

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The Principal Secretary, Industries & Commerce (Mines-ll) Department State of A.P, Velagapudi, Guntur, A.P.

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The Additional Director, Mines and Geology Department, Dargamitta Nellore, Nellore District, A.P.

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The Station House Officer, Somasila PS, Nellore District.

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One CC to Sri V. Nitesh, Advocate [OPUC]

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Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT]

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6- T^^CCs to GP for Mines and Geology, High Court of^{AndhraPradesh.}

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Three C.D. Copies.

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(Along with copy of the order dated. 13.04.2023 in W.P. No. 16935 of 2017 enclosed herewith)*

Cnr

HIGH COURT

DATED:06/11/2024

ORDER

WP.No.41312 of 2017

DISPOSING OF THE W.P. WITHOUT COSTS

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THE HONOURABLE SRI JUSTICE D.RAMESH

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WRIT PETITION No.l6935 of 2017

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ORDER:

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This Writ Petition under Article 226 of the Constitution of India is filed seeking to issue an^order,writ or direction more particularly in the nature of Writ of Mandamus declaring the action of respondents in seizing the Vehicles bearing Nos. AP07TD1377, AP16TE5173 and AP31TA4128 of the petitioners without following any procedure under statues as illegal and arbitrary 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.

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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^tothe condition of furnishing third party security to the satisfaction of the competent authority and with an

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undertaking that the seized vehicles shall not be alienated pending disposal of the writ petition.

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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^16of the said G.O., the petitioners has to pay penalty for^release of the seized vehicles. However, based on the interim directions of this Court, the seized vehicles has been handed over to the petitioners towards interim custody. In view of the said 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.

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Accordingly, the Writ Petition is disposed of. No costs.

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Miscellaneous petitions pending, if any, in this Writ

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Petition shall stand closed.

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JUSTICE D.RAMESH

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Date : 13.04.2023 tm

Nagipogu Mariyamma, v. The State of A.P

Case brief

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Nagipogu Mariyamma, v. The State of A.P

Case brief

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