No.Ap39Tr0080 Belonging To The vs Unknown
2022 Latest Caselaw 5855 AP

            HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                          W.P.No.27652 of 2022


ORDER:

A Tractor bearing No.AP39TP9307 and its trailer bearing

No.AP39TR0080 belonging to the petitioner had been seized on

25.08.2022 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.

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                                                       W.P.No.27652 of 2022

6. Accordingly, the writ petition is disposed of. There shall be

no order as to costs. There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand

closed.

_________________________ R. RAGHUNANDAN RAO, J.

30th August, 2022 Js.

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                                      W.P.No.27652 of 2022

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

W.P.No.27652 of 2022

30th August, 2022 Js.