Yatam Ranga Rao Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

Yatam Ranga Rao Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Release of the petitioner's Tractor No.AP37CJ2089 and Trailer No.AP05TX9796 by the respondent authorities upon payment of penalty imposed under Clause 6 (III) (Q) (i) of G.O.Ms.No.43 (Industries and Commerce (Mines-III) Dept., dated 08.07.2024) and upon production of the ownership documents to the satisfaction of the 3rd respondent; no order as to costs.

Issue for consideration

Whether the seizure by the 3rd respondent of the petitioner's Tractor bearing No.AP37CJ2089 and Trailer No.AP05TX9796 in connection with FIR No.12 of 2025, allegedly without following the procedure under the APMMC Rules, 1996, was illegal, arbitrary and violative of Articles 14, 21 and 19(1)(g), warranting a Writ of Mandamus directing release of the vehicles.

Court's answer

Following the earlier order in W.P.No.17254 of 2024 (dt. 07.08.2024), this writ petition was likewise disposed of, directing the respondent authorities to impose penalty in terms of Clause 6 (III) (Q) (i) of G.O.Ms.No.43, Industries and Commerce (Mines-III) Department, dated 08.07.2024.

Ratio / Principle

On payment of the penalty by the petitioner, the respondents shall release the seized Tractor bearing No.AP37CJ2089 and its Trailer No.AP05TX9796 upon production of the ownership documents of the said vehicle to the satisfaction of the 3rd respondent.

Detailed headnote1 paragraphs

Under Article 226, the petitioner sought a Writ of Mandamus declaring illegal the seizure by the 3rd respondent of his Tractor No.AP37CJ2089 and Trailer No.AP05TX9796 in connection with FIR No.12 of 2025, alleging non-compliance with the procedure under the APMMC Rules, 1996 and violation of Articles 14, 21 and 19(1)(g). Learned counsel for the petitioner submitted that the matter was squarely covered by this Court's order in W.P.No.17254 of 2024 (dated 07.08.2024); the learned Assistant Government Pleader for Mines and Geology opposed relief. Following that earlier order, Dr. K. Manmadha Rao, J. disposed of the writ petition in the same terms: the respondent authorities were directed to impose penalty under Clause 6 (III) (Q) (i) of G.O.Ms.No.43, Industries and Commerce (Mines-III) Department, dated 08.07.2024, and, upon the petitioner paying such penalty and producing the ownership documents to the satisfaction of the 3rd respondent, to release the tractor and trailer. There was no order as to costs.

[3310]

APHC010083112025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

WEDNESDAY ,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 4342/2025

Between:

Yatam Ranga Rao

...PETITIONER

AND

The State Of Ap and Others

...RESPONDENT(S)

Counsel for the Petitioner:

1.B JAYA PRABHAKARA RAO

Counsel for the Respondent(S):

1.GP FOR HOME

2.GP FOR MINES AND GEOLOGY

The Court made the following:

ORDER :

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

seeking the following relief:

“… pleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3^rd Respondent in seizing the Tractor bearing No.AP37CJ2089 and its Trailer No.AP05TX9796 of the Petitioner in connection with FIR.No.12 of 2025 without following the procedure known to the law under APMMC Rules, 1996 as illegal, irregular, arbitrary and contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14, 21 and

19(1)g of the Constitution of India and consequently direct the respondents to release the above said vehicles of the Petitioner forthwith in the interest of justice and pass…….”

Heard Mr B.Jaya prabhakara Rao, learned counsel appearing for

the petitioner and the learned Assistant Government Pleader for Mines and Geology appearing for the Respondent Nos.1 and 2.

On hearing, learned counsel for the petitioner submits that the matter is squarely covered by the order passed by this Court in W.P.No.17254 of 2024, dated 07.08.2024, and hence, requests this Court to pass similar order in this petition also.

Learned Assistant Government Pleader appearing for the respondents opposed for grant of any relief in the writ petition and prayed to dismiss the same.

Following the same, this Writ Petition is also disposed of in terms of the order passed in W.P.No.17254 of 2024, dated 07.08.2024 directing the respondent authorities to impose penalty in terms of Clause 6 (III) (Q) (i) of G.O.Ms.No.43 Industries and Commerce (Mines-III), Department, dated 08.07.2024 and on payment of such penalty by the petitioner, the respondents shall release the Petitioner vehicle i.e., the Tractor bearing No.AP37CJ2089 and its Trailer No.AP05TX9796 upon producing the ownership documents of the said vehicle to the satisfaction of the 3^rd respondent. There shall be no order as to costs.

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

closed.

_________________________ DR. K. MANMADHA RAO, J. Date 19.02.2025 TM