THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
WRIT PETITION No.4055 of 2022
ORDER:-
The Tractor bearing No.AP 20 TA 4192 and its Trailer
bearing No.AP 37 TE 8917 belonging to the 1st petitioner and
Tractor bearing No.AP 39 LH 6209 and its Trailer had been
seized on 11.02.2022 by the 3rd respondent on the ground that
the said vehicles were transporting sand which had been illegally mined.
2. The petitioners have approached this Court for release of the said vehicles on the ground that the only penalty that could be levied against the petitioners, even after they are found to be guilty of the said offences, was a penalty under clause 16 of G.O.Ms.No.71 dated 04.09.2019.
3. This issue has been considered earlier and dealt with by a learned Single Judge of this Court by an order dated 08.01.2020 in W.P.No.671 of 2020 wherein the respondent authorities were directed to release the vehicles on payment of the penalty, that may be imposed in terms of clause 16 of G.O.Ms.No.71 dated 04.09.2019.
4. In that view of the matter, following the above said judgment, there shall be a direction to the respondents to release the vehicles of the petitioners, on payment of penalties that may be imposed on them in terms of clause 16 of G.O.Ms.No.71 dated 04.09.2019.
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5. For the said purpose, the 2nd respondent shall calculate the penalties payable under clause 16 of G.O.Ms.No.71 dated 04.09.2019 and intimate the amount payable to the petitioners within three days from the date of receipt of this order.
6. Accordingly, the writ petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions, pending if any, in this Writ Petition shall stand closed.
___________________________________ JUSTICE R.RAGHUNANDAN RAO Date : 18-02-2022 RJS 3 THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO WRIT PETITION No.4055 of 2022 Date : 18-02-2022 RJS