Bottla Gokiran Reddy Vs the State of Ap

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI^'" (Special Original Jurisdiction)

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THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7958 OF 2025

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Between:

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Bottia Gokiran Reddy, C/o. Srinivasa Reddy, Aged about 30 years, R/o. Flat No. 29, Flora School Road, Near Gemini School, Vuyyuru, Krishna District Andhra Pradesh

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The State of AP, Rep. by its. Principal Secretary, Mines ahdf Geology Department, Velagapudi, Guntur District.

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The Tahsildar, Unguturu Mandal, Eluru District.

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The Station House Officer, Chebrole Mandal, Eluru District.

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Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in seizing the Vehicle bearing no. AP 39 UM 5455 the petitioner without following any procedure under statutes as illegal, arbitrary and violative of Article 19, 21 of Constitution of India and consequently direct the respondent to release the vehicles from their custody.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC is filed praying that in the ^circumstances stated in the affidavit filed in support^{ofthepetition,theHigh} -^Court may be pleased to direct the respondent nos. 2 & 3 to grant interim G^sipdy of vehicle bearing no. AP 39 ^ 5455 pending^disposal of the ibove writ petition.

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Counsel for the Petitioner: SRI CHETAN PONNURU

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Counsel for the Respondent No.1: GP FOR MINES AND GEOLOGY

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Counsel for the Respondent No.2: GP FOR REVENUE

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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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APHC010143722025

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[3458]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY, THE TWENTY SEVENTH 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: 7958 of 2025

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Between:

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Bottia Gokiran Reddy ...Petitioner AND The State of AP and others ...Respondents Counsel for the Petitioner: Chetan Ponnuru Counsel for the Respondents: GP for Home GP for Revenue 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^{therespondents} in seizing the vehicle bearing No.AP 39 UM 5455 of the^{petitionerwithout} following the relevant procedure established by law^underAPMMC Rules, 1966.

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Heard Sri Chetan Ponnuru, learned counsel for the petitioner^and learned Assistant Government Pleader for Mines and Geology appearing for the respondents. With the consent of both the learned counsel, the writ petition is disposed of at the stage of admission.

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i-

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Learned counsel for the petitioner submits that the petitioner’s vehicle was 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 vehicle, and he relies on the decision of this Court passed in W.P.No.6736 of 2025 dated 18.03.2025.

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Learned Assistant Government Pleader for Mines and Geology appearing for the respondents would not dispute the issue being covered by 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 fee and penalty as per law and release the vehicle No.AP 39 UM 5455 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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