Dismissed

S.Jafar Basha v. The State of Andhra Pradesh

Andhra Pradesh HC19 Mar 2021WP/6334/2021

Case brief

AI extract

What is this about?

In a writ petition, the Court disposed of the petition at the admission stage, directing the respondents to release seized tractors and trailers to the petitioners upon payment of a penalty specified under a 2019 Government Order.

What did the court decide?

Direction to release the seized tractors and trailers to the petitioners upon payment of the specified penalty.

S.Jafar Basha Vs The State of Andhra Pradesh — 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.6334 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 respondents in seizing the Tractors and Trailers bearing Registration No. AP 21 TB 3210, AP 21 TB 3209, AP 21 TZ 0665 and AP 21 X 5356 of the petitioners without following any procedure under statutes is illegal, arbitrary and consequently direct the Respondents to release the above vehicles to the petitioners from the custody of the respondents”.

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Heard learned counsel for the petitioners, 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 1^st petitioner is the registered owner of the Tractor and Trailer bearing Registration No. AP 21 TB 3210 and AP 21 TB 3209. The 2^nd petitioner is the present owner of the Tractor and Trailer bearing Registration No. AP 21 TZ 0665 and AP 21 X 5356 and using the same for agricultural produce and commercial products. On 03.03.2021 the 3^rd respondent has seized the vehicles alleging that the vehicles are using for transporting sand. 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)

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Department, dated 04.09.2019 a penalty can be imposed on the 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 Tractor and Trailer bearing Registration No. AP 21 TB 3210 and AP 21 TB 3209 to the 1^st petitioner and Tractor and Trailer bearing Registration No. AP 21 TZ 0665 and AP 21 X 5356 to the 2^nd 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 also stand closed.

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______________________ JUSTICE D. RAMESH

Date: 19.03.2021

THE HON’BLE SRI JUSTICE D. RAMESH

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WRIT PETITION No.6334 OF 2021