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YADLAPALLI EKANADH MANIKANTA v. THE STATE OF AP

Court: High Court of Andhra Pradesh

Bench: K MANMADHA RAO

Judgment date:

Case summary

High Court of Andhra Pradesh judgment dated 2025-02-28. YADLAPALLI EKANADH MANIKANTA v. THE STATE OF AP. Read the judgment and case details on LawSphereX.

Judgment text

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY y TWO THOUSAND AND TWENTY FIVE | PRESENT * THE HONOURABLE DR JUSTICE K. MANMADHA RAO WRIT PETITION NO: 5052 OF 2Q2fi Between: YadlapalH Ekanadh Manikanta. S/o. Yadlapalli Sankara Rao, R/o. D. No 3-2/C Yanamadala Village Prathipadu Mandal, Guntur District. ... PETITIONER AND 1. The State of AP, Rep. by its Principal Secretary, Mines and Geology Department, Secretariat Buildings, Velagapudi, Amaravati - 522237. 2. The District Mines and Geology Officer, Guntur, Guntur District - 3. The Station House Officer, Nallapadu Police Station, Guntur District. ...

RESPONDENTS 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2"^^ and 3'^^ respondents in seizing the JCB-205 Vehicle Bearing (Engine No. 8455888J) of the petitioner in connection with Crime No. 194 of 2025, dt 16-02-2025, registered for the offences punishable under Section 303(2) of BNS, 21(4) MMDARA. , without following procedure established by any statute or law and against the principles of Natural Justice and violative of Fundamental Rights guaranteed under Articles 14, 19(1)(g) and 21 of the Constitution of India and Consequently direct the respondents to release the JCB-205 Vehicle Bearing (Engine No. 8455888J) of the petitioner forthwith.

lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be; pleased to direct the respondents to release the JCB-205 Vehicle * -t-r' beariftg Engine No. 8455888J of the petitioner forthwith pending disposal of this writ petition. Counsel for the Petitioner: SRI NUTHALAPATI MOHAN Counsel for the Respondent Nos. 1 & 2 : GP FOR MINES AND GEOLOGY Counsel for the Respondent No. 3 : GP FOR HOME The Court made the following: ORDER AT AMARAVATI [3310] m (Special Original Jurisdiction) FRIDAY ,THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 5052/2025 Between: ... PETITIONER Yadlapalli Ekanadh Manikanta AND The State Of Ap and Others ... RESPONDENT(S) Counsel for the Petitioner: 1. NUTHALAPATI MOHAN Counsel for the Respondent(S): 1. GP FOR HOME 2.

GP FOR MINES AND GEOLOGY The Court made the following Order: ORDER: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “... pleased to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2'’^ and 3''^ respondents in seizing the JCB-205 Vehicle Bearing Engine N0. 8455888J of the petitioner in connection with Crime No. 194 of 2025 dt 16. 02. 2025 registered for the offences punishable under Section 303(2) of BNS 21(4 )MMDARA without following procedure established by any statute or law and against the principles of Natural Justice and violative of Fundamental Rights guaranteed under Articles 14, 19(1)g and 21 of the Constitution of India and Consequently direct the respondents to release the JCB-205 Vehicle Bearing Engine No 8455888J of the petitioner forthwith and to pass ” 2.

for the Heard Mr Nuthalapati Mohan, learned counsel appearing petitioner and the learned Assistant Government Pleader for Mines and Geology appearing for the Respondent Nos. 1 and 2. 3. 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. 4. Learned Assistant Government Pleader appearing for the respondents opposed for grant of any relief in the v\/rit petition and prayed to dismiss the same. 5. 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-lll), Department, dated 08. 07.

2024 and on payment of such penalty by the petitioner, the respondents shall release the JCB-205 vehicle bearing Engine No. 8455888J of the petitioner upon producing the ownership documents of the said vehicle to the satisfaction of the 3'^'^ respondent. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K. TATA RAO //TRUE COPY// deputy registrar w To, SECTION OFFICER State of AP, 1. The Principal Secretary, Mines and Geology Department, Secretariat Buildings, Velagapudi, Amaravati - 522237. Guntur District - 2. The District Mines and Geology Officer, Guntur, 522002. 3. The Station House Officer, Nallapadu Police Station, Guntur District. 4. One CC to Sri Nuthalapati Mohan, Advocate [OPUC] of Andhra Pradesh. 5. Two CCs to GP for Mines and Geology, High Court [OUT] 6. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 7. Three C. D. Copies. No. 17254 of 2024 (Along with copy of the order dated. 07. 08.

2024 in W. P. enclosed herewith)* Cnr HIGH COURT DATED:28/02/2025 ORDER WP. No. 5052 of 2025 * 12 MAR 2025 . Current Section . DISPOSING OF THE W. P. WITHOUT COSTS % AT AMARAVATI [3310] (Special Original Jurisdiction) WEDNESDAY ,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 17254/2024 Between; Maddi Giribabu ... 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; one “to issue an appropriate order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondent Nos. 2 and 3 in seizing the Lorry bearing No. AP16TW7l44 of the Petitioner in connection with FIR. No.

211 of 2024 without following the procedure known to the law under APMMC Rules, 1966 as illegal, irregular, r arbitrary and contrary to the procedure established by law and against to the principles of natural justice and 14, 21 and violative of fundamental rights guaranteed under Articles direct the 191g of the Constitution of India and consequently Petitioner respondents to release the above said vehicle of the forthwith in the interest of justice. ” 2. Brief facts of the case are that the petitioner is the registered the said owner of the Lorry bearing No. AP16TW7144 and he is utilizing from the concerned vehicle on hire after obtaining necessary permissions authorities. While so, the 3'^'^ respondent has seized the vehicle and registered a case in FIR. No. 211 of 2024, dated 30. 06. 2024 under the provisions of Sections 447 and 379 of IPC alleging that the said vehicle is lifting the sand Industries and Commerce illegally. As per Clause 6 (Q) (iii) of G. O. Ms. No.

43 authorities are (Mines-lll), Department, dated 08. 07. 2024, the respondent without having any authorized to impose penalty. But the 3'^^ respondent of the petitioner. If power, registered the above case and seized the vehicle the respondents the vehicle the petitioner vehicle is allowed to be retained by hardship and will be damaged and the petitioner will be put to much is filed. irreparable loss. Hence, the present Writ Petition 3. Heard Mr B. Jayaprabhakara Rao, learned counsel for the for Mines and petitioner and the learned Assistant Government Pleader Geology appearing for Respondent Nos. 1 and 2. the 4. On hearing, learned counsel for the petitioner reiterated a direction to the contentions urged in the petition and requests to issue respondents to impose penalty in terms of Clause 6 (Q) (iii) of G. O. Ms. No. 43 08. 07. 2024 and Industries and Commerce (Mines-lll), Department, dated release the subject vehicle. 5.

Learned Assistant Government Pleader for Mines and Geology readily agreed to impose penalty in terms of Clause 6 (Q) (iii) of G. O. Ms. No. 43 Industries and Commerce (Mines-lll), Department, dated 08. 07. 2024. 6. Having regard to the submissions made by the learned counsel Government Pleader for for the petitioner as well as the learned Assistant Mines and Geology, this Writ Petition is disposed of directing the respondent authorities to impose penalty in terms of Clause 6 (Q) (iii) of G. O. Ms. No. 43 08. 07. 2024 and on Industries and Commerce (Mines-lll), Department, dated shall release the payment of such penalty by the petitioner, the respondents vehicle i. e.. Lorry bearing Registration No. AP16TW7144, upon producing the rd of the 3 ownership documents of the said vehicle to the satisfaction 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: 07. 08. 2024 TM

Source: High Court of Andhra Pradesh. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.