Bhupathi Srinivasa Rao vs The State Of Ap
2022 Latest Caselaw 7465 AP

  THE HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

             WRIT PETITION No.31793 of 2022

ORDER:-

      A Lorry bearing No. AP 02 U 3399 belonging to the

petitioner had been seized on 21.09.2022 by the 3rd

respondent    on   the   ground   that   the   said   vehicle   is

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 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 vehicle of the petitioner, 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 : 28-09-2022 BSM

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

WRIT PETITION No.31793 of 2022

Date : 28-09-2022

BSM