Bhupathi Srinivasa Rao vs. The State Of Ap

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble R Raghunandan Rao
Case Status:Disposed
Order Date:28 Sept 2022
CNR:APHC010521042022

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Order Issued After Hearing

Purpose:

Admission (Mines And Industries)

Before:

Hon'ble R Raghunandan Rao

Listed On:

28 Sept 2022

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Order Text

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.

  1. 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.

  2. 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.

  3. 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.

  4. 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