Gorrela Rama Krishna Vs The State of Andhra Pradesh

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 order or direction more particularly one in the

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nature of Writ of Mandamus declaring the action of the Respondent ini seizing the Lorry bearing No.AP39Y4465 and JCB bearing No.AP37CP9040 of the 1 Petitioner and the Lorry bearing No.AP39UL3939 of the 2^nd Petitioner without following the relevant procedure established by law under APMMC Rules, 1966 as illegal, irregular, arbitrary and contrary to the procedure established by law and violative of Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the said vehicles of the Petitioners forthwith in the interest of justice. lA 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 to direct the respondents to release the Lorry bearing NO.AP39Y4465 and JCB bearing No.AP37CP9040 of the 1 Petitioner and the Lorry bearing NO.AP39UL3939 of the 2"^ Petitioner pending disposal of the above writ petition in the interest of justice.

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Counsel for the Petitioners: SRI B. JAYA PRABHAKARA RAO Counsel for the Respondent Nos.1 & 2:GP FOR MINES AND GEOLOGY Counsel for the Respondent No.3: GP FOR HOME

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Counsel for the Respondent No.4: GP FOR IRRIGATION &CAD The Court made the following order:

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[3458]

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APHC010381402025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY, THE TWENTY FIFTH DAY OF JULY

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TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 19270 OF 2025

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Between:

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1.GORRELA RAMA KRISHNA, S/O.SIMHADRI, AGED ABOUT 33 YEARS, OCC. OWNER OF VEHICLES R/0.3-127-1, KALUVAGATTU, KAIKARAM ELURU DISTRICT -534416.

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2.BANDI SRINIVASU,, S/0. PICCHAYYA, AGED ABOUT 44 YEARS, OWNER OF VEHICLE, R/0.2-91, NAVABUPALEM, TADEPALLIGUDEM, WEST DISTRICT - 534146.

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...PETITIONER(S)

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AND

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1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522237.

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2.THE DISTRICT MINES AND GEOLOGY OFFICER, ELURU, ELURU DISTRICT.

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3.THE STATION HOUSE OFFICER, CHEBROLE POLICE STATION ELURU DISTRICT.

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4.THE SUBDIVISIONAL ASSISTANT ENGINEER, POLAVARAM RIGHT CANAL, BHIMADOLE, ELURU DISTRICT.

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...RESPONDENT(S):

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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

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2

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pleased topleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in seizing the Lorry bearing No.AP39Y4465 and JCB bearing NO.AP37CP9040 of the Petitioner and the Lorry bearing No.AP39L)L3939 of the 2nd Petitioner without following the relevant procedure established by law under APMMC Rules, 1966 as illegal, irregular, arbitrary and contrary to the procedure established by law and violative of Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the said vehicles of the Petitioners forthwith in the interest of justice and pass

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lA NO: 1 OF 2025

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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 pleased to direct the respondents to release the Lorry bearing NO.AP39Y4465 and JCB bearing No.AP37CP9040 of the 1st Petitioner and the Lorry bearing No.AP39UL3939 of the 2nd Petitioner pending disposal of the above writ petition in the interest of justice and pass

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Counsel for the Petitioner(S):

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1.B JAYA PRABHAKARA RAO

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Counsel for the Respondent{S):

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1.GP FOR HOME

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2.GP FOR MINES AND GEOLOGY

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r

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3

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 19270 OF 2025

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The Court made the following order:

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The writ petition is filed challenging the action of the 3'"'^ respondent in seizing the Lorry bearing No.AP 39 Y 4465 and JCB bearing^No.AP37CP 9040 of the 1®* petitioner and the Lorry bearing No.AP^{39UL3939ofthe2} rtd petitioner without following the relevant procedure established by law under APMMC Rules, 1966.

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Heard Sri B.Jaya Prabhakara Rao, learned counsel for the petitioners and Smt. Sudeepthi Potiuri, learned Assistant Government^{PleaderforMines} and Geology appearing for the respondents. With the^{consentofboththe} learned counsel, the writ petition is disposed of at the stage of admission.

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Learned counsel for the petitioners submits that the petitioners’ vehicles were seized without authority of law and in violation of the provisions of SubRule (3)(iii) of Rule 26 of the Andhra Pradesh Minor^{MineralConcession} Rules, 1966. He further submits that a direction may be given to the respondent authorities to pass appropriate orders for the release of the vehicles, and he relies on the decision of this court passed in W.P.No.16177 of 2022 dated 17.06.2022.

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Learned Assistant Government Pleader for Mines and Geology appearing for the respondents would not dispute the^{issuebeingcoveredby} an earlier decision of this Court.

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In view of the above, the 3'^ respondent is directed to pass orders i n

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terms of Sub-Rule (3)(iii) of Rule 26 of the Andhra Pradesh Minor Mineral

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Concession Rules, 1966 and collect the due seigniorage fee and penalty as per law and release the vehicles No.AP 39 Y 4465, No.AP 37 CP 9040 and No.AP 39 UL 3939 seized by the official respondents to the petitioners within a period of one week from the date of receipt of the copy of the order.

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