Akula Satyanarayana vs. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE G. SHYAM PRASAD

Writ Petition No.9131 of 2020

ORDER:

1. This writ petition is filed under Article 226 of the Constitution of India to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of respondent No.2 in seizing vehicles of the petitioner pursuant to FIR No.163/2020 dated 26.04.2020 on the file of respondent No.2, despite permission being granted by respondent No.3, not even complying with the rules framed under the Mines and Minerals Development and Regulation Act, 1957 and G.O.Ms.Nos.70 and 71 dated 04.09.2019 as illegal, irregular, without jurisdiction, arbitrary and violative of Articles 14 and 21 of Constitution of India and consequently direct respondent Nos.2 to release the vehicles of petitioners upon furnishing personal bond or third party security andto pass such other orders.

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

3. The offences registered were under Sections 406 and 420 of Indian Penal Code and Section 21 (1) of Mines and Minerals Development and Regulation Act, 1957. The contention of the learned counsel for the petitioners is that in spite of the permission granted by respondent No.3 vide proceedings dated 10.04.2020, the vehicles were seized, illegally.

4. Considering the submissions made by the learned counsel for the petitioners, since the matter requires to be investigated and

the facts can be ascertained in the criminal proceedings and in the meanwhile if the vehicles are kept idle, they would be damaged.

5. Therefore, the subject vehicles are ordered to be released on furnishing sufficient surety to the satisfaction of respondent No.2 on assessment of the value of the vehicles by the Motor Vehicle Inspector. The vehicles shall be released, subject to condition of furnishing sureties by the petitioners as stated above. The petitioners shall produce the vehicles as and when required during the trial and the petitioners shall not damage, alter or alienate the vehicles till the disposal of this case.

6. With the above direction, this writ petition is disposed of. There shall be no order as to costs.

7. Consequently, miscellaneous petitions pending, if any in the writ petition, shall also stand closed.

Date: 27.05.2020 RVK

______________________________ JUSTICE G. SHYAM PRASAD