Koti Lakshmi Narayana vs State Of Andhra Pradesh
2022 Latest Caselaw 2762 AP

               HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                             W.P.No.17258 of 2022

ORDER:

A Tractor and Trailer bearing Nos. AP 07 TM 6722 AND AP 07 TM

6764 belonging to the petitioner had been seized on 19.06.2022 by the 3rd

respondent on the ground that the said vehicles were transporting sand

which had been illegally mined.

2. The petitioners has 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 petitioner, on payment of penalties 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

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.

                                          2                          RRR,J
                                                     W.P.No.17258 of 2022

6. With the above directions, the writ petition is disposed of.

There shall be no order as to costs. As a sequel, pending miscellaneous

petitions, if any, shall stand closed.

_________________________ R. RAGHUNANDAN RAO, J.

24th June, 2022 Js.

                            3                         RRR,J
                                      W.P.No.17258 of 2022

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

W.P.No.17258 of 2022

24th June, 2022

Js.