Doneparthy Rajesh Vs the State of Ap

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 naturd of Writ of Mandamus Under Article 226 of the Constitution of India declaring the action of Respondents in seizing Goods Carriage Lorry bearing No. AP29-V-3801, 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 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

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0

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pleased to direct the respondents to grant interim custody of the petitioner Goods Carriage Lorry bearing No. AP-29-V-3801, pending disposal of the , above writ petition.

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« «

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Counsel for the Petitioner: M/s. G. N. LIMA RANI 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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The Court made the following: ORDER

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APHC010076892025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0K (Special Original Jurisdiction)

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[3310]

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MONDAY ,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND 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: 4055/2025

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Between:

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Doneparthy Rajesh ...PETITIONER

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AND

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The State Of Ap and Others ...RESPONDENT(S)

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Counsel for the Petitioner:

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1.G N UMA RANI

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Counsel for the Respondent(S):

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1.GP FOR MINES AND GEOLOGY

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The Court made the following Order:

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The Writ Petition is filed under Article 226 of the Constitution of India,

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seeking the following relief:

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“ pleased to issue an order, writ or direction more particularly in the nature of Writ of Mandamus Under Article 226 of the Constitution of India declaring the action of Respondents in seizing Goods Carriage Lorry bearing No.AP29V3801 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

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the respondents to release the vehicle from their custody and pass ”

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Heard Smt G.N.Uma Rani, learned counsel for the petitioner; Ms.P.Sudeepthi, learned Assistant Government Pleader for Mines and Geology, appearing for the respondent Nos.1 and 2 and learned Assistant Government Pleader for Home appearing for the respondent^No.3.

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Learned counsel for petitioner submits that the subject matter of this Writ Petition is squarely covered by the order dated 15.06.2023 passed by this Court in W.P.No.13948 of 2023, wherein this Court has ordered for release of the vehicle on payment of penalty by the petitioner.

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Learned Assistant Government Pleaders vehemently opposed to grant any relief and prays to dismiss the writ petition.

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On considering the submissions of both the learned counsels and upon perusing the material on record, this Court deems fit to dispose of the writ petition in terms of the order dated 15.06.2023 passed in W.P.No.13948 of 2023, at the stage of admission.

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Accordingly, the writ petition is disposed of in terms of order passed in W.P.No.13948 of 2023, dated 15.06.2023 by this Court and the respondent authorities are directed to impose penalty 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 quartz along with the Goods Carriage Lorry bearing

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NO.AP29V3801 seized by the respondent authorities 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

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stand closed.

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//TRUE COPY//

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Sd/- N. NAGAMMA ASSISTANT REGISTRAR fKSECT! OFFICER

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To,

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The Principal Secretary, Mines and Geology Department, State of Andhra Pradesh, Secretariat Velagapudi, Amaravati, Guntur^District.

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The Divisional Director of Mines & Geology, Gudur, Tirupathi District. 3. The Station House Officer, Sydapiram, SPSR Nellore District 4. One CC to M/s. G. N. Uma Rani, Advocate [OPUC] 5. Two CCs to GP for Mines and Geology, High Court of^{AndhraPradesh.} [OUT]

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