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High Court for State of TelanganaWP/2199/2015disposed of no costs

Chaluvadi Sri Ranga Janardhan, v. The State Of Andhra Pradesh Rep By Its Principal Secretary,

2018-11-29P Naveen Rao5 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF FEBRUARY, TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION NO: 2199 of 2015 Between:

Chaluvadi Sri Ranga Janardhan, S/o Ranganayakulu ..... Petitioner AND

1. The State of Andhra Pradesh, Rep by its Principal Secretary, to Panchayatraj Department, Secretariat, Hyderabad.

2. The Assistant Director of Mines & Geology, Kadapa Region, Kadapa.

3. The Revenue Divisional Officer, Rajampet, YSR Kadapa District.

4. The Station House Officer, Mannur Police Station, YSR Kadapa District.

.....Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in seizing the Tractor bearing No. AP04Y2043 attached Trailor bearing No.AP04Y2044 without following any procedure known to law, as arbitrary, illegal and violative of Article 19, 21 of the constitution of India and consequently direct the respondents to release the above vehicles from the custody of the respondents forthwith.

The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and upon hearing the arguments of Sri Nagaraju Naguru, Advocate for the Petitioner, the Govt. Pleader for Panchayat Raj (AP), for the Respondent No.1, the Govt. Pleader for Mines and Geology (AP) for the Respondent No.2, the Govt. Pleader for Revenue (AP) for the Respondent No. 3 and the Govt. Pleader for Home (AP) for the Respondent No.4, the Court made the following ORDER:

"Learned Government Pleader for Home takes notice for the fourth respondent and seeks time for getting instructions as to why the vehicle of the petitioner was seized though the petitioner has made an assertion that no illegal transportation of sand was made and even he has also filed photographs in Page No. 18.

Hence, respondent No. 4 to give explanation

regarding the seizure of the vehicle of the petitioner. Post on 09.02.2015 in motion list."

ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR (Contd. 2. ) . 2 .

To

1. The Principal Secretary, to Panchayatraj Department, State of Andhra Pradesh, Secretariat, Hyderabad.

2. The Assistant Director of Mines & Geology, Kadapa Region, Kadapa.

3. The Revenue Divisional Officer, Rajampet, YSR Kadapa District.

4. The Station House Officer, Mannur Police Station, YSR Kadapa District.(BY SPEED POST/RPAD)

5. Two CCs to the Govt. Pleader Panchayat Raj, (AP), High Court at Hyderabad. (OUT)

6. Two CCs to the Govt. Pleader Mines and Geology, (AP), High Court at Hyderabad. (OUT)

7. Two CCs to the Govt. Pleader Revenue (AP), High Court at Hyderabad. (OUT)

8. Two CCs to the Govt. Pleader Home, (AP), High Court at Hyderabad. (BY SPECIAL MESSENGER)

9. One CC to Sri Nagaraju Naguru, Advocate (OPUC)

10. One spare copy BV

HIGH COURT ARR.J DATED: 05-02-2015 NOTE:

POST ON 09-02-2015 IN MOTION LIST ORDER W.P. NO.2199 OF 2015 DIRECTION

DRAFTED: BY BV DATED :06-02-2015 HIGH COURT ARR.J DATED: 05-02-2015 NOTE:

POST ON 09-02-2015 IN MOTION LIST ORDER

W.P. NO.2199 OF 2015 DIRECTION