Kanumilli Venkanna Dora vs The State Of Andhra Pradesh
2022 Latest Caselaw 1187 AP

    THE HON'BLE SRI JUSTICE BATTU DEVANAND


             WRIT PETITION No.5426 of 2022

O R D E R:

The Lorry bearing No.AP 07 TU 2619

belonging to the petitioner has been seized on

24.02.2022 by the 2nd respondent on the ground

that the said vehicle was transporting sand which

has 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.

tm

THE HON'BLE SRI JUSTICE BATTU DEVANAND

WRIT PETITION No.5426 of 2022

Dt.04-03-2022

tm