THE HON'BLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION No.5495 of 2022
O R D E R:
The Tractor bearing No.AP 27 TU 2478 and its Trailer bearing No.AP 27 TU 2480 belonging to the petitioner had been seized on 25.02.2022 by the 3rd respondent on the ground that the said vehicle was transporting sand which had been illegally mined.
2. The petitioner has approached this Court for release of the said vehicle on the ground that the only penalty that could be levied against the petitioner, even after he is 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 vehicle on payment of the penalty, that may be imposed in terms of clause 16 of G.O.Ms.No.71 dated 04.09.2019.
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4. In that view of the matter, following the above said judgment, there shall be a direction to the respondents to release the vehicle of the petitioner, on payment of penalties that may be imposed on him in terms of clause 16 of G.O.Ms.No.71 dated 04.09.2019.
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 petitioner within three (3) days from the date of receipt of a copy of this order.
6. Accordingly, the writ petition is disposed of. There shall be no order as to costs As a sequel, miscellaneous petitions pending, if any, shall stand closed.
______________________________ JUSTICE BATTU DEVANAND Date: 04.03.2022 Note: Furnish C.C. by tomorrow.
B/o.
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