Y Mallikarjuna Rao vs The State Of Ap
2022 Latest Caselaw 7137 AP

  THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

             WRIT PETITION No.30166 of 2022

ORDER:-

      A Tractor bearing No. AP 39 UC 9900 and its trailer

bearing No. AP 07 TG 8219 belonging to the 1st petitioner and

a Tractor bearing No. AP 07 TC 8363 and its trailer bearing

No. AP 07 TC 8364 belonging to the 2nd petitioner had been

seized on 11.09.2022 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 : 16-09-2022 BSM

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

WRIT PETITION No.30166 of 2022

Date : 16-09-2022

BSM