Bathina Bhanu Prasad vs. The State Of Andhra Pradesh

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble D Ramesh
Case Status:Disposed
Order Date:9 Feb 2021
CNR:APHC010045572021

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Order Issued After Hearing

Purpose:

Admission (Mines And Industries)

Before:

Hon'ble D Ramesh

Listed On:

9 Feb 2021

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Order Text

THE HON'BLE SRI JUSTICE D. RAMESH

WRIT PETITON NO.3074 of 2021

ORDER: (Heard and pronounced through Blue Jeans App(virtual) mode, since this mode is adopted on account of prevalence of COVID-19 Pandemic)

The Writ Petition is filed 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 Tractors and Trailers bearing No's. AP 21 TE 3723, AP 21TE 3784, AP 21BX 0319 and AP 21TB 4855 of the petitioners without following any procedure under statues as illegal, arbitrary and violative of the procedure contemplated under the A.P Minor Mineral Concession Rules, 1966 and provisions of the Mines and Mines(Development and Regulation) Act, 1957 and the rules made there under apart from being violation of Article 14, 19(1) (g) and 300-A of Constitution of India and consequently direct the respondents to release the vehicles of the petitioners.

Heard the learned counsel for the petitioners and learned Government Pleader for Mines and Geology.

In the light of the submissions made by both the learned counsels, this Court is of the opinion that the respondents are directed to release the Tractors and Trailers bearing No's. AP 21 TE 3723, AP 21TE 3784, AP 21BX 0319 and AP 21TB 4855 of the petitioners to the satisfaction of Clause 16 with the G.O.Ms.No.71, dated 04.09.2019.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

__________________ JUSTICE D.RAMESH

Date: 09-02-2021 tm

WRIT PETITON NO.3074 of 2021

Date: 09-02-2021

THE HON'BLE SRI JUSTICE D.RAMESH