Andhra Pradesh High Court - Amravati
Chudasama Hemaliba Mahendrasinh vs The State Of Andhra Pradesh on 28 December, 2021
Author: U.Durga Prasad Rao
Bench: U.Durga Prasad Rao
HON'BLE SRI JUSTICE U.DURGA PRASAD RAO
WRIT PETITION No.30015 of 2021
ORDER:
The petitioner seeks writ of mandamus declaring the action of the 2nd respondent in seizing the Lorry bearing No. GJ 06 AX 3305 belonging to the petitioner along with granite slabs as illegal, arbitrary and against the principles of natural justice and also contrary to the provisions of the Andhra Pradesh Minor, Mineral Concession Rules, 1966 and for a consequential direction to the respondents to release the aforesaid vehicle and granite slabs.
2. Heard Sri V. Vinod K Reddy, learned counsel for the petitioner, learned Government Pleader for Mines and Geology, representing on behalf of the respondents 1 and 3 and learned Government Pleader for Home, representing on behalf of the 2nd respondent and with their consent, this writ petition is disposed of at the stage of admission.
3. At the outset, learned counsel for the petitioner would submit that the petitioner is ready to oblige the orders of the 3rd 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 Concession Rules, 1966. Hence, a direction may be given to the respondent authorities to pass the orders and collect the due seigniorage fee and penalty and release the seized granite slabs and vehicle. Learned Government Pleader for Mines and Geology 2 appearing for the respondents would submit that orders may be passed accordingly.
4. In view of the above respective submissions, this writ petition is allowed and the 3rd respondent is directed to pass orders in terms of the 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 the seized lorry bearing No.GJ 06 AX 3305 seized by the respondent officials to the petitioner upon his establishing the ownership over the granite slabs and the vehicle 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 28.12.2021 krk 3 THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO Writ Petition No.30015 of 2021 28th December, 2021 krk