Allowed

Jana Venkata Rao v. The State of Andhra Pradesh

Andhra Pradesh HC5 Mar 2021WP/5370/2021

Case brief

AI extract

What is this about?

This single-judge order dismisses a writ petition challenging the seizure of a lorry on allegations of sand theft and illegal transport. The court directs the respondents to release the vehicle upon payment of the penalty under the specific Government Order of 2019, relying on a prior judgment.

What did the court decide?

Directed respondents to release the lorry AP 37 TE 3133 upon payment of penalty under Clause 16 of G.O.Ms.No.71 dated 04.09.2019.

Jana Venkata Rao Vs The State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE D. RAMESH

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WRIT PETITION No.5370 OF 2021

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ORDER:-

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This Writ Petition is filed under Article 226 of Constitution of

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India seeking the following relief:-

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“….to issue an appropriate Writ, order or direction in the nature of writ of Mandamus, questioning the action of the 3^rd respondent in seizing the Lorry bearing Registration No. AP 37 TE 3133 belongs to the petitioner in connection with FIR No. 49 of 2021 of Tallapudi P.S is illegal and arbitrary, consequently direct the Respondents to release the above vehicle forthwith”.

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Heard learned counsel for the petitioner, learned Government Pleader for Mines and Geology appearing for the Respondents. With their consent, this Writ Petition is disposed of at the stage of admission.

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As per the averments of the Writ Petition, the petitioner is the owner of the Lorry bearing Registration No. AP 37 TE 3133. On 18.02.2021 at 7.30 p.m the 3^rd respondent stopped the lorry at Ballipadu sand ramp, Tallapudi Mandal and seized the lorry and registered a case in Crime No.49 of 2021 for the offence punishable under Section 379, 420, 409 IPC and Section 21(i) of A.P.MMDARA,1957 r/s Rule 9-B (16)(b) and (c) of the APMMC Rules 1966 and Section 113(iii)(b) of M.V.Act, 1988 alleging that theft of sand and illegal transportation of the sand without sand way bill. The 3^rd respondent without following due procedure a case was registered and seized the vehicle is contrary to law. Hence the petitioner has filed present Writ Petition.

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Learned counsel for petitioner would contend that as per Clause 16 of G.O.Ms.No.71, Industries and Commerce (Mines II) Department, dated 04.09.2019 a penalty can be imposed on the

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ground of seizure is that sand is being transported in the said Lorry in violation of the policy of the State. The petitioner has also relied upon the orders of this Court in W.P.No.671 of 2020, dt.08.01.2020.

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In view of the aforesaid order, the present Writ Petition is disposed of with a direction to the respondents to release the Lorry bearing Registration No. AP 37 TE 3133 of the petitioner upon payment of penalty specified under Clause 16 of G.O.Ms.No.71, dated 04.09.2019. No order as to costs.

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As a sequel, miscellaneous applications pending, if any, shall

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also stand closed.

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______________________ JUSTICE D. RAMESH

Date: 05.03.2021

THE HON’BLE SRI JUSTICE D. RAMESH