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Perabattula Veera Venkata Satyanarayana v. The State of Andhra Pradesh

Andhra Pradesh HC19 Mar 2021WP/6382/2021

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging the illegal seizure of a lorry. Directing the release of the vehicle, the Court ordered payment of the penalty specified under relevant Government Orders.

What did the court decide?

Release of the lorry bearing Registration No. AP 31 TF 3279 upon payment of penalty specified under Clause 16 of G.O.Ms.No.71, dated 04.09.2019.

Perabattula Veera Venkata Satyanarayana… — Mining and Natural Resources | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE D. RAMESH

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WRIT PETITION No.6382 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 31 TF 3279 in connection with Cr.No.49 of 2021 of Tallapudi P.S is illegal, arbitrary and consequently direct the Respondents to release the above vehicle to the petitioner from the custody of the 3^rd respondent”.

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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 31 TF 3279. On 18.02.2021 the 3^rd respondent seized the lorry on the ground of transporting sand without sand way bill and registered a case in Crime No.49 of 2021 for the offence punishable under Section 379, 420, 409 of IPC and under section 21(i) of A.P.MMDARA,1957, r/s Rule 9-B(16) (b) and (c) of the APMMC Rule 1966 and Sec. 113 (iii)(b) of M.V.Act. 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 ground of seizure is that sand is being transported in the said

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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 31 TF 3279 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 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.6382 OF 2021