M/s. Babu Enterprises, Vs The State of Andhra Pradesh

M/s. Babu Enterprises, Rep. by its Proprietor Kadiyala Satish Babu, Aged about 48 years, Occ; Business, D.No.2-16, Near Manikyalamma Temple, Ampapuram, Bapulapadu Mandal, NTR 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 Department, Velagapudi, Amaravathi, Andhra^Pradesh.

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The Tahsildar, Bapulapadu Mandal, NTR District.

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The Station House Officer, Hanuman Junction Police Station, NTR District.

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The District Mines and Geology Officer, Eluru, Eluru^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 order, writ or direction more particularly in the nature of Writ of Mandamus declaring the action of respondents in seizing the Vehicles bearing No.AP 39UK 2003 and AP 39UK 7772 of the petitioners without following any procedure under statutes as illegal, arbitrary and violative of Article 19, 21 of Constitution of India and consequently direct the respondents to release the vehicle from their custody.

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lA NO: 1 OF 202fi

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Petition under Section 151 CPC praying that in the circumstances Stated in the affidavit filed i in support of the petition, the High Court may be pleased to direct the 2"^^ and 4*^ respondents to grant interim custody of vehicles bearing No.AP 39UK 2003 and AP 39UK 7772 pending disposal of the Writ Petition. Counsel for the Petitioner: SRI K. NAVEEN KUMAR Counsel for the Respondent Nos.1 & 4: GP FOR MINES AND GEOLOGY Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondent No.3: GP FOR HOME The Court made the following: ORDER

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APHC010064482025

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% IN THE HIGH COURT OF ANDHRA PRADESH &.j<0 AT AMARAVATI (Special Original Jurisdiction)

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[3310]

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MONDAY ,THE TENTH DAY OF FEBRUARY TWO THOUSANDAND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 3416/2025

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Between:

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M/s. Babu Enterprises ...PETITIONER

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AND

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

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Counsel for the Petitioner:

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1.KNAVEEN KUMAR

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Counsel for the Respondent(S):

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The Court made the following Order:

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Today, when the matter is taken up for hearing, Mr K.Naveen Kumar, learned counsel for the petitioner and learned Government Pleader for Mines and Geology, representing Respondent Nos.1 and 4, would agree that the issue in this writ petition is covered by the order passed in W.P.No.40568 of 2022, dated 19.12.2022.

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In that view of the matter, this Court deems fit to dispose of the writ petition in terms of the order dated 19.12.2022 passed in W.P.No.40568 of 2022, at the stage of admission.

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Accordingly, the writ petition is disposed of in terms of order dated 19.12.2022 passed in W.P.No.40568 of 2022 by^{thisCourtandthe4} th respondent is directed to pass orders in terms of Clause (iii) Sub-Rule(3) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966 and collect due seigniorage fee and penalty as per law and release the vehicles bearing Nos.AP39UK2003 and AP39UK7772 seized by the respondents to the petitioner within a period of one week from the date of receipt of a copy of this order. There shall be no order as to costs.

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

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Sd/-K.SRiNlVASA RAJU assistant register //TRUE COPY// \

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To,

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SECTION OFFICER

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