Allowed

Nagaraju Buddiga v. The State of Andhra Pradesh

Andhra Pradesh HC20 Mar 2021WP/6472/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the illegal seizure of a lorry alleged to be transporting sand without permits. The court directed the release of the vehicle upon payment of a penalty under the relevant government order, relying on a previous order of the same court.

What did the court decide?

Direction to release the vehicle bearing Registration No. AP 31 TH 5558 upon payment of the penalty specified under Clause 16 of G.O.Ms.No.71.

Nagaraju Buddiga Vs The State of Andhra Pradesh — Property and Title | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE D. RAMESH

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WRIT PETITION No.6472 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 2^nd respondent in seizing the lorry bearing Registration No. AP 31 TH 5558 of the petitioner as illegal, arbitrary and consequently direct the Respondents to release the above vehicle to the petitioner”.

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Heard learned counsel for the petitioner, learned

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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 vehicle bearing Registration No. AP 31 TH 5558. On 06.03.2021 the 2^nd respondent seized the vehicle alleging that transporting the sand without any way e-bill and permit and the 2^nd respondent registered a case in Crime No. 45 of 2021, dated 06.03.2021 for the offence punishable under Section 379, 420, 468, 471, 120-B r/w 109 of IPC, Section 3(2)(e) of PDPP Act. The 2^nd respondent without following due procedure 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 Lorry in violation of the policy of the State. The petitioner has also

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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 vehicle bearing Registration No. AP 31 TH 5558 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: 20.03.2021

THE HON’BLE SRI JUSTICE D. RAMESH

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WRIT PETITION No.6472 OF 2021