Galla Venkata Koteswara Rao vs The State Of Andhra Pradesh

Citation : 2022 Latest Caselaw 7733 AP
Judgement Date : 11 October, 2022

Andhra Pradesh High Court - Amravati
Galla Venkata Koteswara Rao vs The State Of Andhra Pradesh on 11 October, 2022
  THE HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

             WRIT PETITION No.33021 of 2022

ORDER:-

      A Tractor bearing No.AP 07 TG 2402 and its Trailer

bearing No.AP 07 TG 2403 belonging to the petitioner had

been seized on 27.09.2022 by the 3rd respondent on the

ground that the said vehicles is transporting sand which had been illegally mined.

2. The petitioner has approached this Court for release of the said vehicles on the ground that the only penalty that could be levied against the petitioner, 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. 2

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 petitioner, 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.33021 of 2022 Date : 11-10-2022 BSM