The Tractor Bearing ... vs Unknown
2022 Latest Caselaw 4339 AP

    THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

             WRIT PETITION No.21544 of 2022


ORDER:

The Tractor bearing No.AP39UD2824 and its Trailer

bearing No.AP07TG9879 belonging to the petitioners had

been seized on 17.07.2022 by the 3rd respondent on the

ground that the said vehicles were transporting sand which

had been illegally mined.

2. The petitioners have approached this Court for

release of the said vehicles 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 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 petitioners, 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 petitioners within three (03) 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, shall stand

closed.

___________________________________ JUSTICE R.RAGHUNANDAN RAO Date:20.07.2022 MJA

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

WRIT PETITION No.21544 of 2022

Date:20.07.2022

MJA