Kona Venkateswara Rao vs The State Of Andhra Pradesh
2022 Latest Caselaw 7732 AP

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

             WRIT PETITION No.33053 of 2022

ORDER:-

      A Tractor bearing No.AP 39 UB 3015 and its Trailer

bearing No.AP 39 UB 6725 belonging to the 1st petitioner,

Tractor bearing No.AP 07 TM 1137 and its Trailer bearing

No.AP 07 TH 7506 belonging to the 2nd petitioner, Tractor

bearing No.AP 07 TG 6848 and its Trailer bearing No.AP 07

TH 6291 belonging to the 3rd petitioner, Tractor bearing

No.AP 07 TG 9814 and its Trailer bearing No.AP 07 TG 9816

belonging to the 4th petitioner, Tractor bearing No.AP 16 TP

0490 and its Trailer bearing No.AP 39 UC 1295 belonging to

the 5th petitioner and a Tractor bearing No.AP 07 TH 0407

and its Trailer bearing No. AP 07 TH 0408 belonging to the 6 th

petitioner have been seized on 30.09.2022 by the 3rd

respondent on the ground that the said vehicles were

transporting sand which had been illegally mined.

2. The petitioners have 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 petitioners, 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. 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 : 11-10-2022 BSM

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

WRIT PETITION No.33053 of 2022

Date : 11-10-2022

BSM