Allowed

Kasani Papa Rao, v. State of Andhra Pradesh

Andhra Pradesh HC6 Apr 2021WP/7852/2021

Case brief

AI extract

What is this about?

Writ petition challenging illegal seizure and detention of a transport lorry alleged to be carrying sand without a permit. Court held that retaining the vehicle at the police station causing damage was illegal when penalty proceedings could have been initiated under the applicable Government Order. Petitioner directed to release vehicle upon penalty payment.

What did the court decide?

Respondents directed to impose penalty in terms of G.O.Ms.No.71 Clause 16 and release the seized vehicle to the petitioner upon payment of said penalty.

Kasani Papa Rao, Vs State of Andhra… — Public Procurement and Tenders | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE BATTU DEVANAND WRIT PETITION No.7852 of 2021

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O R D E R:

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This Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India seeking to issue a writ of mandamus declaring the action of the respondent No.3 in seizing the Lorry bearing No.AP 05 TC 2484 of the petitioner as illegal, arbitrary and violative of Article 19 and 21 of the Constitution of India and consequently direct the respondents to release the seized vehicle in favour of the petitioner forthwith and pass such other order or orders in the interest of justice.

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The petitioner is the owner of the seized Lorry bearing No.AP 05 TC 2484. He is engaged in the goods carrying transport of business and it is his only source of income. The vehicle of the petitioner was seized by the Respondent No.3 on 26.03.2021 alleging that the same was involved in illicit transportation of sand without any valid permit. Pursuant to the seizure of the said vehicle, the respondent No.3 has registered a case in Cr.No.86 of 2021 and the vehicle was kept in the premises of the respondent No.3 police station from the date of seizure.

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Heard the learned counsel for the petitioner and the learned Government Pleader of Mines & Geology and perused the material available on record. With the consent of both counsel, this writ petition is disposed of at the stage of admission.

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Learned counsel for the petitioner submits that the petitioner has not committed any offence or any contravention of the provisions of the Mineral (DAR) Act and Rules made thereunder. The vehicle was seized without following any procedure provided under the Andhra Pradesh Minor Mineral Concession Rules, 1966. Learned counsel would submit that the respondents also failed to follow the procedure envisaged in G.O.No.71, Industries, Infrastructure, Investment and Commerce (Mines-II) Department, dated 04.09.2019 and sought to release the vehicle in favour of the petitioner.

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On the other hand, learned Government Pleader for Mines would submit that to prevent illegal transportation of sand, the respondents are conducting regular checks and during that checks as and when any vehicle is found transporting sand without any valid permit, the respondent authorities are seizing the vehicles and after conducting

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necessary enquiry, further action will be taken in accordance with law.

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Having heard the submissions of both counsel, it is appropriate to consider the relevant Clause 16 of G.O.Ms.No.71 Industries, Infrastructure, Investment and Commerce (Mines-II) Department, dated 04.09.2019 as extracted hereunder:

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(16) Offences and Penalties:

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The following penal provisions are applicable against the persons who involved in sale/illegal extraction/un-authorized excavation of sane in prohibited areas, trading and selling of sand, charging beyond cost of transportation and excavation, transporting sand without GPS devices, use or usage of machinery and vehicles in un-authorized excavation and transportation of sand to other States.

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(a) In the case of the vehicles engaged in illegal/unauthorized excavation in the prohibited areas (i.e. within 500 meters from the Ground water structures, Bridges, Dams, Railway lines and cross drainage structures etc.), transportation of sand outside the State and found transporting sand without valid Sand Way bill issued by the Asst. Director of Mines & Geology concerned, shall be penalized as follows:

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Vehicle Type	First time(In Rs.)	Second time(In R	s.)
Tractor	Upto 10,000/-	Upto 10,001/- 20,000/-	to
Lorry fitted with upto 10 tyres capacity	Upto 25,000/-	Upto 25,001/- 50,000/-	to
Lorry fitted with above 10 tyres	Upto 50,000/-	Upto 50,001/- 1,00,000/-	to
Machinery	Upto 50,000/-	Upto 50,001/- 1,00,000/-	to

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Upon perusal of Clause 16 of G.O.Ms.No.71 Industries, Infrastructure, Investment and Commerce (Mines-II) Department, dated 04.09.2019, it is clear that the vehicle/machinery found involved in any violation not more than two times in unauthorized excavation and found transportation of sand without valid Sand Way bill issued by the concerned officer, the respondent authorities authorized to impose penalty as mentioned in the table provided under Clause 16 of the said Government Order.

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As and when the procedure is provided by the Government in G.O.Ms.No.71 Industries, Infrastructure, Investment and Commerce (Mines-II) Department, dated 04.09.2019 to impose penalty for violation of the conditions mentioned therein, the action of the respondents in keeping the vehicle in the police station, which causes damage to the vehicle due to exposure to sun and rain, in the considered opinion of this Court is illegal and unjust.

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Accordingly, this writ petition is allowed with the following directions:

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(i) The respondents are directed to impose penalty in terms of Clause 16 of G.O.Ms.No.71 Industries, Infrastructure, Investment and Commerce (Mines-II) Department, dated 04.09.2019; and

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(ii) On such payment of penalty, the respondents shall release the seized vehicle to the petitioner.

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Consequently, miscellaneous applications pending, if any, shall stand closed.

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JUSTICE BATTU DEVANAND

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Dt. 06-04-2021

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Note: Issue CC tomorrow.

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B/o PGR

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THE HON’BLE SRI JUSTICE BATTU DEVANAND

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WRIT PETITION No.7852 of 2021

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Dt. 06-04-2021

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Note: Issue CC tomorrow . B/o

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PGR

Kasani Papa Rao, v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Kasani Papa Rao, v. State of Andhra Pradesh

Case brief

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