Jaanvi Granites Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

Jaanvi Granites Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

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APHC010349592025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

[3458]

MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17524/2025

Between:

JAANVI GRANITES, SY.NO.15/E, PLOT NO. REP BY ITS PROPRIETOR, DHANARAJI, S/O SURESH RATHOD,, AGED ABOUT 35 YEARS, OCC BUSINESS, R/O ULLESUGUR TANDA, GRAMA ULLESUGUR TANDA, TALUKA SHAHAPUR, ULLESUGAR, YADGIR, KARNATAKA.

SINGAM RAMANA REDDY, S/O SINGAM YUSU REDDY, AGED ABOUT 54 YEARS, OCCBUSINESS, D.NO.16.251, PATIMEEDA PALEM, BANDLAMUDI POST VTC, CHIMAKURTHI PO, PRAKASAM DISTRICT. (OWNER OF THE LORRY BEARING NO. AP 27 TY 1369)

...PETITIONER(S)

AND

THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, KURNOOL, KURNOOL DISTRICT.

THE REGIONAL VIGILANCE AND ENFORCEMENT OFFICER, KURNOOL, KURNOOL DISTRICT.

THE STATION HOUSE OFFICER, KURNOOL THALUKA POLICE STATION KURNOOL DISTRICT.

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...RESPONDENT(S):

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 topleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not releasing the Lorry bearing No. AP 27 TY 1369 along with the granite slabs load therein, in spite of orders of this Honble Court in W.P.No.15198 of 2025 and further action of the 2nd respondent in passing order in proceedings No.460/AD/RVS-KNL/2025, dated 01.07.2025 calling upon the petitioners to pay the amounts mentioned therein, as illegal, arbitrary, highhanded and against to principles of natural justice, contrary to law, non-consideration of facts and material available on record, colourable exercise of power, apart from being violative of the Fundamental Rights guaranteed under Articles 14 and 19 of the Constitution of India and consequently Set aside the said proceedings of the 2nd respondent dated 01.07.2025 and Direct the Respondents to release the seized vehicle, i.e.. Lorry bearing No. AP 27 TY 1369, along with the granite slabs loaded therein, which belong to the 1st Petitioner, to the custody of the Petitioners and to pass

IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased

IA NO: 2 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to vacate the interim order dt: 14-07-2025 passed in WP.No. 17524/2025 and dismiss the writ petition and pass

Counsel for the Petitioner(S):

1.SOMISETTY GANESH BABU

Counsel for the Respondent(S):

1.GP FOR HOME

2.GP FOR MINES AND GEOLOGY

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The Court made the following:

ORDER:

Grievance of the petitioners is against the action of the respondents in not releasing the lorry belonging to the petitioner, despite the payment of outstanding demand and the directions of this Court.

On 14.07.2025, this Court passed the following order:

Having regard to the submissions made by both the learned counsel, the respondents authorities shall give interim custody of the vehicle i.e., lorry bearing No.AP 27 TY 1369 to the petitioners upon their furnishing a personal bond for Rs.2,00,000/- and producing proof in support of his ownership of the vehicle. Further, the petitioners shall give an undertaking to produce the vehicle as and when required either by the authority concerned or Court or the Investigating Agency and also give an undertaking that he will not alienate, encumber or alter the physical features of the vehicle.

It is stated by the learned counsel for the petitioners that the entire demand amount has been cleared by the petitioners, but the vehicle has not yet been released by the respondent authorities. Having regard to the same, if the said amount as stated on behalf of the petitioner has already been deposited, the respondent authorities are directed to verify the same and release the vehicle i.e., lorry bearing No.AP 27 TY 1369 in favour of the petitioners forthwith.

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With the above observations, the Writ Petition is disposed of. There

shall be no order as to costs.

As a sequel, all pending miscellaneous applications shall stand closed.

______________________________ JUSTICE KIRANMAYEE MANDAVA

Date: 04.08.2025 sj

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

WRIT PETITION NO: 17524/2025

Date: 04.08.2025 sj