WP/31215/2021 of VEERAMALLU PATIYYA Vs The State of Andhra Pradesh on 31 December 2021

ORDER:

This writ petition is filed seeking writ of Mandamus declaring the action of the respondents in seizing the Tipper Lorries bearing Nos. AP 05 TG 3247 and AP 37 TJ 0555 belonging to the petitioners 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 T.V.Jaggi Reddy, learned counsel for the petitioners 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 petitioners would submit that the petitioners are ready to oblige the orders of the 2[nd] 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 vehicles.

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 2[nd] 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 Tipper Lorries bearing Nos. AP 05 TG 3247 and AP 37 TJ 0555 seized by the 4[th] respondent to the petitioners 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.

31[st] DECEMBER,2021 TSNR

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U.DURGA PRASAD RAO, J