A. Edukondalu, vs The State Of A.P.,
2022 Latest Caselaw 1184 AP

    THE HON'BLE SRI JUSTICE BATTU DEVANAND


             WRIT PETITION No.5448 of 2022

O R D E R:

The Tractor bearing No.AP 27 BS 0981 and

its Trailer bearing No.AP 27 BS 0982 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

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 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 copy

of this order.

Accordingly, the writ petition is disposed of. There

shall be no order as to costs

As a sequel, miscellaneous petitions pending, if any,

shall stand closed.

______________________________ JUSTICE BATTU DEVANAND

Date: 04.03.2022 Note: Furnish C.C. by tomorrow.

B/o.

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THE HON'BLE SRI JUSTICE BATTU DEVANAND

WRIT PETITION No.5448 of 2022

Dt.04-03-2022

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