High CourtsSingle Bench(2022) 06 AP CK 0039

Koti Lakshmi Narayana vs State Of Andhra Pradesh & Others

Andhra Pradesh High Court · Decided on 24 June 2022

HON’BLE JUDGES
R.Raghunandan Rao, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 17258 Of 2022

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Judgment

7 paragraphs · 267 words

R. Raghunandan Rao, J

1.

A Tractor and Trailer bearing Nos. AP 07 TM 6722 AND AP 07 TM 6764 belonging to the petitioner had been seized on 19.06.2022 by the 3rd respondent on the ground that the said vehicles were transporting sand which had been illegally mined.

2.

The petitioners has 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 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 16 of G.O.Ms.No.71 dated 04.09.2019 and intimate the amount payable, to the petitioner within three days from the date of receipt of this order.

6.

With the above directions, the writ petition is disposed of. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.