Kothuri Jashuva vs State Of Andhra Pradesh
2021 Latest Caselaw 1704 AP

        THE HON'BLE SRI JUSTICE BATTU DEVANAND
                Writ Petition No.6676 of 2021


JUDGMENT:

The present writ petition is filed against the action of

the respondent No.3 in seizing lorries bearing Nos.AP 16 TF

6848 and AP 16 TE 4789 belongs to the petitioner without

following the procedure provided under law and consequently

direct the respondents to release the above vehicles forthwith

in the interests of justice.

2. The case of the petitioner is that he is the owner of the

subject vehicles and he has been utilising the same for

commercial purpose by fulfilling all the statutory

requirements. While so, when the vehicles were proceeding to

destination, the respondent No.3 seized the said vehicles

alleging that illegal transportation of the black soil (mud) and

registered a case in Crime No.102 of 2021, dated 15.3.2021,

for the offences punishable under Section 379 IPC and 21(1)

of the Mines and Minerals (Development and Regulation) Act,

1957.

3. It is the contention of the petitioner that he gave his

vehicle on hire to one of his acquainted person and he is not

aware the purpose of the vehicle is being used by him.

Learned counsel for the petitioner further submits that he did

not commit any offence or contravention. He would further

submit that the respondent No.2 is authorised to impose

penalty as prescribed under sub-rule 3 (iii) of Rule 26 of the

Andhra Pradesh Minor Mineral Concession Rules, 1966 as

amended by G.O.Ms.No.35 (Industries & Commerce Mines-III)

Department, dated 01.07.2020. Learned counsel for the

petitioner also brought to the notice of this Court that in one

identical matter in W.P.No.2690 of 2021, this Court directed

to release the vehicle seized under similar set of facts.

4. Heard the learned counsel for the petitioner and learned

Government Pleader for Mines and Geology.

5. Learned Government Pleader would submit that as per

the amended G.O.Ms.No.35, dated 01.07.2020 the

respondent No.2 is authorised to impose penalty and on such

payment of penalty only the vehicle shall be released in favour

of the petitioner. Learned Government Pleader also agreed

that in an identical matter, this Court passed orders to

release the vehicles.

6. Having heard the submissions of both the counsel and

on perusal of the material available on record, it is

appropriate to extract the relevant portion of the

G.O.Ms.No.35, dated 01.07.2020 for better adjudication of

this matter.

For the sub-rule 3(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966:

"If the Driver or owner of the vehicle fails to produce a valid e-transit permit issued by the concerned Asst. Director of Mines and Geology or an officer authorised by the Director of Mines & Geology, the officer in charge of the check post or

barrier or during the interception of the movement of the vehicle, may require the Driver or the owner of the vehicle to pay Five times of the normal Seigniorage fee as penalty in addition to the Normal Seigniorage fee along with DMF and MERIT amounts for the quantity not covered under the e- transmit permit".

7. In view of the amended provision and in view of

submissions of both the learned counsel, with their consent,

the present writ petition is disposed of at the stage of

admission with the following direction:

The petitioner is permitted to comply with the terms and conditions stipulated in sub-rule 3(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966 and on compliance, the respondents are directed to release the seized vehicles of the petitioner.

There shall be no order as to costs.As a sequel,

miscellaneous petitions, if any, pending in this case shall

stand closed.

______________________ BATTU DEVANAND, J

Date: 23.3.2021

Note:

Furnish C.C. tomorrow.

B/o GR

///

THE HON'BLE SRI JUSTICE BATTU DEVANAND

Writ Petition No.6676 of 2021

Date: 23.3.2021

GR