Disposed

Thikkavaram Manoj Kumar v. the State of Andhra Pradesh

Andhra Pradesh HC19 Mar 2024WP/7096/2024

Case brief

AI extract

What is this about?

Petitioners sought mandamus to compel the SHO to release two tractors seized in connection with mining matters, even though the Divisional Mines and Geology Officer had ordered release after collecting the penalty. The court directed the SHO to release the vehicles within two weeks per that letter and disposed of the petition without costs.

What did the court decide?

Respondent No.3 directed to release the two tractors to petitioners per respondent No.2's letter dated 27.02.2024 within two weeks; no costs.

Thikkavaram Manoj Kumar Vs the State of… — Mining and Natural Resources | 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 TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

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WRIT PETITION NO: 7096 OF 2024

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Between:

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Thikkavaram Manoj Kumar, S/o Madhavaiah, aged 31 years, R/o Yeruru village, Chillakuru Mandal, Tirupati District.

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Manikyala Karthik, S/o Subramanyam, aged 27 years, Mekalathota village, Karlapudi, Kota Mandal, Tirupati District.

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...PETITIONERS

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AND

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The State of Andhra Pradesh, rep. by its Principal Secretary, Dept of Mines and Geology, Velagapudi, Amaravati

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Divisional Mines and Geology Officer, Gudur, Tirupati^District

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The Station House Officer, Kota PS, Nellore Dist now Tirupati Dist.

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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 in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the respondent No. 3 herein in not releasing the vehicles of tractor bearing No's AP26TD6265 Chasis No.932113050583, Engine N0.5325M83374 and AP26 BF0421, Chassis No.91913137965, Engine NO.S325M6488, despite the 2"^ respondent order to be released vide Letter No.3199/Vg/2010 Dated. 27-02-2024 after receipt of the penalty amount, as wholly arbitrary, illegal and without jurisdiction and void and void and violated the principles of natural justice and affected the petitioners rights guaranteed under article 14, 19(1 )(g), 21 and 300(A) of

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the Constitution of India and consequently, direct the respondent 3 herein to release the vehicles bearing registration Nos AP26TD6265 Chasis N0.932113050583, Engine N0.5325M83374 and AP26 BF0421 , Chassis No.91913137965, Engine NO.S325M6488 to the petitioners herein vide nd Letter No.3199A/g/2010 Dated.27-02-2024 issued by the² respondent.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC is filed 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 respondent No.3 herein to release the tractors bearing Registration Nos. AP26TD6265 Chasis No.932113050583, Engine No.5325M83374 and AP26 BF0421, Chassis NO.91913137965, Engine NO.S325M6488 to the petitioners herein vide Letter N0.3199/Vg/2010 Dated.27-02-2024 issued by the 2"- respondent pending disposal of the writ petition.

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Counsel for the Petitioners: SRI V. ESWARAIAH CHOWDARY Counsel for the Respondent Nos.1 & 2: GP FOR MINES AND GEOLOGY Counsel for the Respondent No.3: GP FOR HOME The Court made the following: ORDER

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APHC01013S922024

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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[3233]

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(Special Original Jurisdiction)

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WEDNESDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

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WRIT PETITION NO: 7096/2024

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Between:

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Thikkavaram Manoj Kumar and Others

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...PETITIONER(S)

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AND

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The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petltioner(S):

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1.V ESWARAIAH CHOWDARY

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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 HOME (AP)

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The Court made the following Order:

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Heard the learned eounsel for the petitioners and the^learned Government Pleader for Mines and Geology for the respondent^Nos.l and 2.

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This writ petition is filed questioning the action of the respondent No.3 in not releasing the seized vehicles of tractor bearing

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Nos. AP-26-TD-6265 Chassis No.932113050583, Engine N0.5325M83374 and AP-26-BF-0421, Chassis No.91913137965, Engine No.S325M6488 of the petitioner.

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The learned counsel for the petitioners submits that inspite of paying the penalty and release order passed by the respondent No.2 by addressing a letter to the respondent No.3 dated 27.02.2024, the respondent No.3 so far not released the seized vehicles as detailed in the said letter of the respondent No.2 dated 27.02.2024.

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On the other hand, the learned Government Pleader for Mines and Geology for the respondent Nos.l and 2 submits that already penalty was collected and it is for the respondent No.3 to release the seized vehicles in pursuance of the letter addressed by the respondent No.2 to the respondent No.3 dated 27.02.2024.

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In view of the above said facts and circumstances, the respondent No.3 is directed to release the said vehicles to the petitioners as per the letter of the respondent No.2 addressed to the respondent No.3 dated 27.02.2024, within a period of two (02) weeks from the date of receipt of this order.

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Accordingly, this Writ Petition is disposed of. There^shallbeno order as to costs.

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As a sequel, Miscellaneous Petitions pending, if any,^shallstand

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closed.

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//TRUE COPY//

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Sd/- B.CHITTI JOSEPH ASSISTANT REGISTRAR

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fLw pECTION OFFICER

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To,

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The Principal Secretary, Dept of Mines and Geology,^{StateofAndhra} Pradesh, Velagapudi, Amaravati ^

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The Divisional Mines and Geology Officer, Gudur, Tirupati^District 3. The Station House Officer, Kota PS, Nellore Dist now^{TirupatiDistrict.} 4. One CC to Sri V. Eswaraiah Chowdary, Advocate [OPUC] 5. Two CCs to GP for Mines and Geology, High Court of^{AndhraPradesh.} 6. Two^CC’s to GP for Home, High Court of Andhra Pradesh^[OUT] 7. Three CD Copies.

HIGH COURT

DATED:20/03/2024

ORDER

WP.No.7096 of 2024

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¶65

DISPOSING OF THE W.P. WITHOUT COSTS

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'i cor^ liM

Thikkavaram Manoj Kumar v. the State of Andhra Pradesh

Case brief

What is this about?

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Thikkavaram Manoj Kumar v. the State of Andhra Pradesh

Case brief

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