Isukapalli Ashok vs The State Of Andhra Pradesh
2022 Latest Caselaw 967 AP

      THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

              WRIT PETITION No.4382 of 2022

ORDER:-

     A Lorry bearing No.AP 39 TV 5677 belonging to the

petitioner had been seized on 16.02.2022, by the 3rd respondent

on the ground that the said vehicle was transporting sand which

had been illegally mined.

2. The petitioner has approached this Court, for release

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

could be levied against the petitioner, even after he is 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 : 22-02-2022 RJS

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

WRIT PETITION No.4382 of 2022

Date : 22-02-2022

RJS