The single-judge bench declared the seizure of tractors and trailers by the 3rd respondent illegal due to non-compliance with procedure and directed immediate release to the petitioners. Adjourned writ petition disposed of with no order as to costs.
Release of seized tractors and trailers to the respective petitioners directly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE K.SURESH REDDY
WRIT PETITION No. 11462 of 2020
ORDER:
The Writ Petition is filed to declare the action of the 3rd respondent in seizing the tractors and trailers bearing Nos.AP 26 TL 4462 & AP 26 TL 4753 and AP 27 TZ 0061 & AP 27 TZ 0062 of the 1st petitioner; AP 26 TC 6890 & AP 26 TC 6891 of the 2nd petitioner; and AP 26 TA 7633 & AP 26 TA 7634 of the 3rd petitioner, without following the procedure, as illegal and consequently direct the respondents to release the said vehicles forthwith.
Heard the learned counsel for the petitioners and learned Government Pleader for Mines and Geology appearing for the respondents 1 and 2 and learned Government Pleader for Home appearing for the 3rd respondent.
In the light of the submissions made by both the learned counsel, this Court is of the opinion that respondents are directed to release tractors and trailers bearing Nos.AP 26 TL 4462 & AP 26 TL 4753 and AP 27 TZ 0061 & AP 27 TZ 0062 to the 1st petitioner; AP 26 TC 6890 & AP 26 TC 6891 to the 2nd petitioner; and AP 26 TA 7633 & AP 26 TA 7634 to the 3rd petitioner, to the satisfaction of Clause 16 with the G.O.Ms.No.71, dated 04.09.2019.
Accordingly, the Writ Petition is disposed of. There shall
be no order as to costs.
As a sequel, miscellaneous petitions pending, if any,
shall stand closed.
________________________ K.SURESH REDDY, J
Dt:15.07.2020 usd
1 issue framed by the court
Whether the action of the 3rd respondent in seizing the tractors and trailers without following procedure was legal.
Petitioners
Respondents 1 and 2
Respondent 3
K.Suresh Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
