THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
WRIT PETITION No.33053 of 2022
ORDER:-
A Tractor bearing No.AP 39 UB 3015 and its Trailer
bearing No.AP 39 UB 6725 belonging to the 1st petitioner,
Tractor bearing No.AP 07 TM 1137 and its Trailer bearing
No.AP 07 TH 7506 belonging to the 2nd petitioner, Tractor
bearing No.AP 07 TG 6848 and its Trailer bearing No.AP 07
TH 6291 belonging to the 3rd petitioner, Tractor bearing
No.AP 07 TG 9814 and its Trailer bearing No.AP 07 TG 9816
belonging to the 4th petitioner, Tractor bearing No.AP 16 TP
0490 and its Trailer bearing No.AP 39 UC 1295 belonging to
the 5th petitioner and a Tractor bearing No.AP 07 TH 0407
and its Trailer bearing No. AP 07 TH 0408 belonging to the 6 th
petitioner have been seized on 30.09.2022 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 2 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.
5. 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 : 11-10-2022 BSM 3 THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO WRIT PETITION No.33053 of 2022 Date : 11-10-2022 BSM