Mulagala Sai Vs The State of Andhra Pradesh

The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department, Secretariat Buildings, Velagapudi, Amaravathi, Gutur District-522237.

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The District Mines and Geology Officer, Eluru, Eluru^District.

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The Station House Officer, Chebrole Police Station,^{EluruDistrict.}

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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 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.AP05TN1366^{ofthePetitioner} without following the relevant procedure established by law under APMMC Rules, 1966 as illegal, irregular, arbitrary and contrary^tothe procedure established by law and violative of Articles 14, 21 and 19(1)(g) of the

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Constitution of India and consequently direct the respondents to release the said vehicle of the Petitioner forthwith in the interest of justice. ^

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lA NO: 1 OF 2Q2fi

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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 to direct the respondents to release the Lorry bearing NO.AP05TN1366 of the Petitioner pending disposal of the above writ petition in the interest of justice.^

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Counsel for the Petitioner: SRI. B JAVA PRABHAKARA RAO

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Counsel for the Respondent Nos. 1&2 : GP FOR MINES AND GEOLOGY

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Counsel for the Respondent No. 3: GP FOR HOME

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The Court made the following order:

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APHC010132652025

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QMS

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

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[3458]

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TUESDAY, THE EIGHTEENTH DAY OF MARCH 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: 6736/2025

Between:

Mulagala Sai

...Petitioner

AND

The State Of Andhra Pradesh and Others

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...Respondents

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Counsel for the Petitioner:

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B Jaya Prabhakara Rao

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Counsel for the Respondents:

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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 challenging the action of^the respondent in seizing the Lorry bearing No.AP 05 TN 1366 of the petitioner^{withoutfollowing} the relevant procedure established by law under APMMC^Rules,1966.

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Heard Sri B.Jaya Prabhakara Rao, learned counsel for^{thepetitioner} and learned Assistant Government Pleader for Mines^{andGeologyappearing} for the respondents. With the consent of both the parties,^{thewritpetitionis}

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disposed of at the admission stage.

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Learned counsel for the petitioner submits that the^{petitioner’svehicle} was seized without authority of law and in violation of^{theprovisionsofSub-} Rule (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 vehicle, and he relies on the decision of this court passed in W.P. 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. 5. In view of the above, the 3'“'^ respondent is directed^to pass^orders in terms of Sub-Rule (3)(iii) of Rule 26 of the Andhra^{PradeshMinorMineral} Concession Rules, 1966 and collect the due seigniorage^{feeandpenaltyas} per law and release the vehicle No.AP 05 TN 1366 seized by the official respondents to the petitioner within a period of one^{weekfromthedateof} receipt of the copy of the order.

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