Disposed

C.Parvathi v. The State of Andhra Pradesh

Andhra Pradesh HC5 Nov 2024WP/45036/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging penalty proceedings and seizure of vehicles. Following a prior single judge order, the court permitted a similar disposal and gave liberty to the respondents to issue penalty notices under existing government orders.

What did the court decide?

Writ petition disposed following prior order; liberty granted to respondents to issue notice under G.O.Ms.No.71.

C.Parvathi Vs The State of Andhra… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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rv.

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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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HON’BLE DR JUSTICE K. MANMADHA RAO

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WRIT PETITION NO: 45036 OF 2018

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Between:

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C.Parvathi, W/o.C.Venkatesh, Aged about 40 years, Occ;^{Agriculture.R/o.Door} N0.1/144-DGudem Cheruvu, Jammalamdugu,Y.S.R.District.

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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, Velagapudi, Amaravathi, Andhra Pradesh.

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The District Collector, Y.S.R.District, Kadapa.

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The Revenue Divisional Officer, Jammalamadugu Revenue^Division, Jammalamadugu, Y.S.R. District.

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The Tahsildar, Jammalamadugu Mandal, Y.S.R. District.

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The Mandal Revenue Inspector, Jammalamadugu Revenue^{Division.Y.S.R.} 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 an appropriate Writ, Order or direction^{moreparticularlyonein} the nature of Writ of Mandamus declaring the proceedings in Ref.E/04/2018, dated 24-07-2018 issued by the respondent No.4 imposing^{apenaltyofRs.} 2,00,000/- for release of the Tractor and Trailor bearing^{RegistrationNo.AP-16-} AG-2025 and AP-16-S-2601 and directing the respondent^No.5 to obtain the Demand Draft towards the penalty imposed on the petitioner^{andtoreleasethe} vehicle there after getting the confirmation from the^{Owner/Driverofthevehicle} concerned on the alleged ground of transportation of^{sand,withoutadheringto} the procedure contemplated under G.O.Ms.No.42 of Industries^andCommerce (Mines-ll) Department, dated.29-03-2016 as arbitrary,^{illegalandcontrarytothe}

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procedure contemplated under G.O.Ms.No.42 of Industries and Commerce (Mines-ll) Department, dated.29-03-2016 apart from being violative of the fundamental rights guaranteed to the petitioner under^{Articles14,19and21of} the Constitution of India and consequently direct the^{respondentsNo.2to5to} release the Tractor and Trailor bearing Registration^{No.AP-16-AG-2025andAP-} 16-S-2601 by setting aside the proceedings in Ref.^{E/04/2018issuedbythe} respondent No.4.

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lA NO: 1 OF 2018

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Petition under Section 151 CPC praying that in the^{circumstancesstatedin} the affidavit filed in support of the writ petition,^{theHighCourtmaybepleasedto} direct the respondents No.2 to 5 to release the Tractor^and Trailor bearing Registration No. AP-16-AG-2025 and AP-16-S-2601 in the petitioner favour forthwith, pending disposal of the above Writ Petition.

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Counsel for the Petitioner : SRI V. R. REDDY KOVVURI

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Counsel for the Respondent No.1 : GP FOR MINES AND^GEOLOGY Counsel for the Respondent Nos.2 to 5 : GP FOR REVENUE

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The Court made the following: ORDER

APHC010931992018

[3310]

3^^

IN THE HIGH COURT OF ANDHRA PRADESH AT 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 HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 45036/2018

Between;

C.parvathi

...PETITIONER

AND

...RESPONDENT{S) The State Of Andhra Pradesh and Others

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Counsel for the Petitioner:

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1.VR REDDY KOWURl

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Counsel for the Respondent(S):

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1.GP FOR MINES AND GEOLOGY (AP)

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2.GP FOR REVENUE (AP)

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The Court made the following:

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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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus^declaring the proceedings In Ref E/04/2018 dated 24.07.2018 issued^by the respondent No. 4 imposing a penalty of Rs 2,00,000/-^for release of the Tractor and Traitor bearing Registration No AP16AG2025 and AP16S2601 and directing the respondent No. 5 to obtain the Demand Draft towards the penalty^imposed on the petitioner and to release the vehicle there after^getting

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the confirmation from the Owner/Driver of the vehicle concerned on the alleged ground of transportation of^sand without adhering to the procedure contemplated under^GOMs No. 42 of Industries and Commerce Minesll Department^dated 29.03.2016 as arbitrary illegal and contrary to the procedure contemplated under G.O.Ms.No.42 of Industries and Commerce Mines-ll Department dated 29032016 apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution^of India and consequently direct the respondents No 2^to5to release the Tractor and Traitor bearing Registration No AP16AG2025 and AP16S2601 by setting aside the proceedings in Ref E/04/2018 issued by the respondent^No4 and pass ”

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At the stage of admission, this Court has passed an^interimorder

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on 12.12.2018 reads as follows:

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“...In view of the Judgment dated 10.09.2018 passed in W.A.No.1165 of 2018 by the Division Bench of this Court, there shall be interim direction to Respondent Nos. 2 to 5 to release the tractor and trailer bearing Registration NOS.AP16AG2025 and AP16S2601 to the petitioner on condition of her furnishing either Bank guarantee or security for Rs. 1,00,000/- to the satisfaction of the 4^^ respondent, Jammalamagudu Mandal, YSR District, and also an undertaking that she will not alienate/transfer the vehicle in any manner and will maintain it in good^and road worthy condition and will produce It as and when required....”

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Heard Mr V.R.Reddy Kovvuri, learned counsel for the petitioner and Smt P.Sudeepthi, learned Assistant Government Pleader^forMinesand Geology appearing for respondents.

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On hearing, learned Assistant Government Pleader appearing^for the 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,

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Infrastructure, Investment and Commerce (Mines-ll) Department, dated 04.09.2019, the petitioner has to pay penalty for release^{oftheseizedvehicle.} However, based on the interim directions of this Court dated 12.12.2018, the seized vehicles has been handed over to the petitioner.

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5 Learned counsel for the petitioner submits that, in 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

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conceded to the same.

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Recording the submissions of both the counsel, this^WritPetition is disposed of, in terms of the Order of this Court^{inW.P.No.16935of2017,} 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^{inWritPetition} No.16935 of 2017, dated 13.04.2023, to this order.

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//TRUE COPY//

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Sd/- K KASIRAO ACHARI ASSISTANT^GISTRAR SBCribN OFFICER

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To,

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The Principal Secretary, Mines and Geology, State^{ofAndhraPradesh,} Velagapudi, Amaravathi, Andhra Pradesh.

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The District Collector, Y.S.R. District, Kadapa

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The Revenue Divisional Officer, Jammalamadugu Revenue^Division,

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Jammalamadugu, Y.S.R. District.

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The Tahsildar, Jammalamadugu Mandal, Y.S.R.District.

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■«4 1

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The Mandal Revenue Inspector, Jammalamadugu Revenue Division, Y.S.R. District.

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One CC to Sri V. R. Reddy Kovvuri, Advocate [OPUC]

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Two CCs to GP for Mines and Geology, High Court^{of AndhraPradesh.} [OUT]

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

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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.45036 of 2018

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 the learned Government Pleader appearing for 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

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 16 of 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.7l. 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. Miscellaneous petitions pending, if any. in this Writ Petition shall stand closed.

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Date : 13.04.2023 tm

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JUSTICE D.RAMESH

C.Parvathi v. The State of Andhra Pradesh

Case brief

What is this about?

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C.Parvathi v. The State of Andhra Pradesh

Case brief

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