Anil Kumar vs. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO

WRIT PETITION No.21106 of 2021

ORDER:

This writ petition is filed seeking writ of Mandamus declaring the action of the 2nd respondent in seizing the Lorry bearing No.KA 56 3599 along with Granite slabs load belonging to the petitioner without following any procedure contemplated under the relevant statute as illegal, arbitrary and violative of the Articles 19 and 21 of the Constitution of India and for a consequential direction to the respondents to release the aforesaid vehicle and granite slabs.

Heard Sri Somisety Ganesh Babu, learned counsel for the petitioner and the learned Government Pleader for Mines and Geology. With their consent, this writ petition is disposed of at the stage of admission.

At the outset, learned counsel for the petitioner would submit that the petitioner is ready to oblige the orders of the 3 rd respondent authority and pay the seigniorage fee and penalty as contemplated under the Clause(iii) Sub-Rule(3) of Rule 26 of the Andhra Pradesh Minor Mineral Confession Rules,1966. Hence, a direction may be given to the respondents-authorities to pass the orders and collect the due seigniorage fee and penalty and release the seized granite slabs and vehicle.

Learned Government Pleader appearing for the respondents would submit that orders may be passed accordingly.

In view of the above submissions, the writ petition is allowed and the 3rd respondent is directed to pass orders in terms of Clause (iii) Sub-rule (3) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules,1966 and collect due seigniorage fee and penalty as per law and release the granite slabs and Lorry bearing No. KA 56 3599 seized by the respondent officials to the petitioner within a period of one week from the date of receipt of a copy of the order. No costs.

As a sequel, interlocutory applications pending, if any, shall stand closed.

____________________ U.DURGA PRASAD RAO, J

23rd SEPTEMBER,2021 TSNR