P.Mahesh Babu, vs The State Of A.P.,
2022 Latest Caselaw 1185 AP

    THE HON'BLE SRI JUSTICE BATTU DEVANAND


             WRIT PETITION No.5417 of 2022

O R D E R:

The Tractor bearing No.AP 27 TX 9008 and

its Trailer bearing No.AP 27 TX 9010 belonging to

the petitioner had been seized on 10.02.2022 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 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

intimate the amount payable to the petitioner

within three (3) days from the date of receipt of

a copy of this order.

6. 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.5401 of 2022

Dt.04-03-2022

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