A Tractor Bearing No.Ap 39 Ue 6363 ... vs Unknown
2022 Latest Caselaw 5792 AP

      THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

              WRIT PETITION No.27447 of 2022

ORDER:-

     A Tractor bearing No.AP 39 UE 6363 belonging to the 1st

petitioner and Trailer bearing No.AP 07 TB 8096 belonging to

the 2nd petitioner had been seized on 23.08.2022, by the 3rd

respondent on the ground that the said vehicle was transporting

sand which had been illegally mined.

2. The petitioners have approached this Court, for

release of the said vehicle on the ground that the only penalty

that could be levied against the petitioners, 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 vehicle 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 vehicle of the petitioner, on payment of penalty that

may be imposed on him 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 penalty 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 : 29-08-2022 RJS

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

WRIT PETITION No.27447 of 2022

Date : 29-08-2022

RJS