Y.S. Sukumar, vs The State Of Andhra Pradesh
2021 Latest Caselaw 2129 AP

    IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI



 HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                                       &
             HON'BLE MR. JUSTICE NINALA JAYASURYA


                     WRIT APPEAL No. 286 of 2021
                      (Taken up through video conferencing)


Y.S. Sukumar, S/o. Y. Subramanyam,
Hinduy, aged about 31 years,
R/o. 19-266/8A, Red Cross Street, Mittoor,
Chittoor Mandal, Chittoor District.
                                                              .. Appellant.
        Versus

The State of A.P., Rep by its Principal Secretary,
Mines & Geology Department, Secretariat,
Velagapudi, Amaravati and others.
                                                              .. Respondents.

Counsel for the appellant : Mr. Raja Reddy Koneti

Counsel for respondent Nos.1 to 3 : GP for Mines & Geology

Counsel for respondent No.4 : GP for Home

ORAL JUDGMENT

Dt: 24.06.2021

(per Arup Kumar Goswami, CJ)

Heard Mr. Raja Reddy Koneti, learned counsel for the appellant.

Also heard Mr. K. Naveen Kumar, learned Government Pleader for Mines &

Geology appearing for respondent Nos.1 to 3, and Mr. V. Maheswara

Reddy, learned Government Pleader for Home appearing for respondent

No.4.

This appeal is directed against an order dated 05.05.2021 passed

by the learned single Judge in W.P.No.9506 of 2021. Relevant portion of

the said order reads as follows:

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                                                                   W.A.No.286 of 2021

"In view of the above submissions, the Writ Petition is

disposed of with a direction to the respondents to release the

vehicle of the petitioner bearing No. AP 15 TA 4329 on

condition of the petitioner paying the penalty payable under

clause (iii) sub Rule (3) of Rule 26 of Andhra Pradesh Minor

Mineral Concession Rules, 1966 and producing the proof of

payment to Respondent No.4."

Learned counsel for the parties submit that this appeal is squarely

covered by the judgment dated 17.02.2021 passed by this Court in

W.A.No.4 of 2021 (Naganath v. State of Andhra Pradesh) and, therefore,

this appeal may be disposed of in terms of the said judgment.

Mr. Raja Reddy Koneti submits that the appellant is seeking only

release of the vehicle and not the goods.

We have perused the judgment dated 17.02.2021 in W.A.No.4 of

2021. In the said case, this Court had considered Clause (iii) of Sub-Rule

3(ii) of Rule 26 of Andhra Pradesh Minor Mineral Concession Rules, 1966

and disposed of the appeal granting interim custody of the vehicle of the

appellant therein with certain terms and conditions.

In view of the submission made by the learned counsel for the

parties that this appeal is squarely covered by the judgment dated

17.02.2021 in W.A.No.4 of 2021, we dispose of this appeal in terms of the

said judgment, granting interim custody of the vehicle of the appellant,

pending adjudication of the proceedings before the concerned

authority/court, subject to the following terms and conditions:

(i) The person, in whose custody the vehicle is, shall get

the value of the vehicle assessed by the Motor Vehicle 3 HCJ&NJS,J W.A.No.286 of 2021

Inspector concerned in the presence of the owner of

the vehicle/appellant/petitioner and on fixing of the

value of the vehicle by the Motor Vehicle Inspector,

the appellant/petitioner shall furnish either bank

guarantee or immovable property security to the

value of the vehicle as assessed by the Motor Vehicle

Inspector and also execute a personal bond to the

satisfaction of the authority concerned;

(ii) The interim custody of the vehicle shall be given in

favour of the appellant/petitioner, subject to

producing proof in support of the ownership of the

vehicle;

(iii) The appellant/petitioner shall give an undertaking to

produce the vehicle as and when required either by

the authority concerned or Court or the Investigating

Agency and also give an undertaking that he will not

alienate, encumber or alter the physical features of

the vehicle."

No costs. Pending miscellaneous applications, if any, shall stand

closed.

ARUP KUMAR GOSWAMI, CJ                              NINALA JAYASURYA, J

                                                                                  Nn
                             4                          HCJ&NJS,J
                                               W.A.No.286 of 2021

HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE &

HON'BLE MR. JUSTICE NINALA JAYASURYA

WRIT APPEAL No. 286 of 2021

(per Arup Kumar Goswami, CJ)

Dt: 24.06.2021

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