C.Parvathi vs The State Of Andhra Pradesh
2024 Latest Caselaw 9959 AP

Citation : 2024 Latest Caselaw 9959 AP
Judgement Date : 6 November, 2024

Andhra Pradesh High Court - Amravati

C.Parvathi vs The State Of Andhra Pradesh on 6 November, 2024

 APHC010931992018
                     IN THE HIGH COURT OF ANDHRA PRADESH
                                   AT AMARAVATI                               [3310]
                            (Special Original Jurisdiction)

                WEDNESDAY ,THE SIXTH DAY OF NOVEMBER
                   TWO THOUSAND AND TWENTY FOUR

                                     PRESENT

             THE HONOURABLE DR JUSTICE K MANMADHA RAO

                        WRIT PETITION NO: 45036/2018

Between:

C.parvathi                                                           ...PETITIONER

                                        AND

The State Of Andhra Pradesh and Others                         ...RESPONDENT(S)

Counsel for the Petitioner:

1. V R REDDY KOVVURI

Counsel for the Respondent(S):

1. GP FOR MINES AND GEOLOGY (AP)

2. GP FOR REVENUE (AP)

The Court made the following:

The Writ Petition is filed under Article 226 of the Constitution of India,

seeking the following relief:

"...to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in Ref E/04/2018 dated 24.07.2018 issued by the respondent No.4 imposing a penalty of Rs 2,00,000/- for release of the Tractor and Trailor bearing Registration No AP16AG2025 and AP16S2601 and directing the respondent No.5 to obtain the Demand Draft towards the penalty imposed on the petitioner and to release the vehicle there after getting the confirmation from the Owner/Driver of the vehicle concerned on the alleged ground of transportation of sand without adhering to the procedure contemplated under G O Ms No.42 of Industries and Commerce MinesII Department dated 29.03.2016 as arbitrary illegal and contrary to the procedure contemplated under G.O.Ms.No.42 of Industries and Commerce Mines-II Department dated 29032016 apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents No 2 to 5 to release the Tractor and Trailor bearing Registration No AP16AG2025 and AP16S2601 by setting aside the proceedings in Ref E/04/2018 issued by the respondent No 4 and pass......."

2. At the stage of admission, this Court has passed an interim order

on 12.12.2018 reads as follows:

"...In view of the Judgment dated 10.09.2018 passed in W.A.No.1165 of 2018 by the Division Bench of this Court, there shall be interim direction to Respondent Nos.2 to 5 to release the tractor and trailer bearing Registration Nos.AP16AG2025 and AP16S2601 to the petitioner on condition of her furnishing either Bank guarantee or security for Rs.1,00,000/- to the satisfaction of the 4th respondent, Jammalamagudu Mandal, YSR District, and also an undertaking that she will not alienate/transfer the vehicle in any manner and will maintain it in good and road worthy condition and will produce it as and when required...."

3. Heard Mr V.R.Reddy Kovvuri, learned counsel for the petitioner

and Smt P.Sudeepthi, learned Assistant Government Pleader for Mines and

Geology appearing for respondents.

4. On hearing, learned Assistant Government Pleader appearing for

the respondents brought to the notice of this Court with regard to

G.O.Ms.No.71. As per Clause 16 of the said G.O.Ms.No.71, Industries, Infrastructure, Investment and Commerce (Mines-II) Department, dated

04.09.2019, the petitioner has to pay penalty for release of the seized vehicle.

However, based on the interim directions of this Court

dated 12.12.2018, the seized vehicles has been handed over to the petitioner.

5 Learned counsel for the petitioner submits that, in similar

circumstances, a learned Single Judge of this Court has passed an order in

W.P.No.16935 of 2017, dated 13.04.2023 and hence, requests this Court to