Timmidi Srinivasa Rao, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 2121 AP

    THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

              WRIT PETITION No.12493 of 2022

ORDER:-

      A Tractor bearing No. AP 20 TA 6209 and its Trailer

bearing No. AP 07 AF 3727 belonging to the petitioner had been

seized on 20.04.2022 by the 3rd respondent on the ground that

the said vehicles were 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.

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. 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 days from the date of receipt of this

order.

6. 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 : 28.04.2022 ssp

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

WRIT PETITION No.12493 of 2022

Date :28.04.2022

ssp