Paluboyina Somayya, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 1775 AP

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THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

             WRIT PETITION No.9263 of 2022

ORDER:

Heard the learned counsel for the petitioner and learned

Government Pleader for Mines and Geology.

2. The Tractor bearing No. AP 37AV 0129 and its Trailer

bearing No.AP 27AA 8015 belonging to the petitioner had

been seized on 10.02.2022 by the 3rd respondent on the

ground that the said vehicles were transporting sand which

had been illegally mined.

3. The petitioner has approached this Court for release of

the said vehicles on the ground that only penalty that could

be levied against the petitioner, even after he is found to be

guiltily of the said offences, was a penalty under clause 16 of

G.O.Ms.no.71, dated 04.09.2019.

4. 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.

5. In view of the facts and circumstances, following the

above Judgment, the respondents are directed to release the

vehicles of the petitioner on payment of penaltes that may be

imposed on them in terms of clause 16 of G.O.Ms.no.71,

dated 04.09.2019 and the respondent authorities are directed

to 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 a period of one week from the

date of receipt of a copy of this Order.

6. The Writ Petition is disposed of accordingly. No order as

to costs.

7. As a sequel thereto, the miscellaneous petitions,

if any, pending in this Writ Petition shall stand closed.

_________________________________ KONGARA VIJAYA LAKSHMI, J

Date: 12.04.2022

(Issue cc 18.04.2022) B/O Ks

THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

WRIT PETITION No.9263 of 2022

Date: 12.04.2022

Ks