THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
WRIT PETITION No.5271 of 2022
ORDER:-
An Auto bearing No. AP 39 UA 6105 belonging to the
petitioner had been seized on 23.02.2022 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 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 vehicle 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 2
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: 02-03-2022 BSM 3
THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
WRIT PETITION No.5271 of 2022
Date : 02-03-2022
BSM
