Shaheensha Syed vs. The State Of Andhra Pradesh

THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.9699 of 2022

ORDER:

Heard the learned counsel for the petitioner and learned Government Pleader for Mines and Geology.

2. A Tractor bearing No. AP 21 TU 0077 and its Trailer bearing No. AP 21 TU 0078 belonging to the petitioner had been seized on 28.03.2022 by the 3rd respondent on the ground that the said vehicles were transporting sand which had been illegally mined. The petitioner has approached this Court for release of the said vehicles on the ground that only penalty that could be levied against the petitioner, even after he is found to be guiltily 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 view of the facts and circumstances, following the above Judgment, the respondents are directed to impose penalties in terms of clause 16 of G.O.Ms.no.71, dated 04.09.2019 and intimate the amount payable to the petitioner within a period of one week from the date of receipt of a copy of this Order and on payment of such penalties by the petitioner, the respondents are directed to release the subject vehicles of the petitioner upon producing documents of the said vehicles.

5. The Writ Petition is disposed of accordingly. No order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________________ KONGARA VIJAYA LAKSHMI, J

Date: 12.04.2022

Note:- Issue CC by one week B/O BSM

THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

WRIT PETITION No.9699 of 2022

Date: 12.04.2022

Note:- Issue CC by one week B/O BSM