Petition seeking writ of mandamus for interim custody of vehicle seized for illegal sand transportation dismissed. Court held that repeat offender is not entitled to custody.
Writ Petition dismissed; no interim custody granted. Petitioner allowed to apply for regular hearing under Rule 9X(b).
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HON’BLE SRI JUSTICE K.C.BHANU
WRIT PETITION No.24705 OF 2012
O R D E R:
This Writ Petition is filed seeking a Writ of Mandamus declaring the action of the respondents in seizing the petitioner’s vehicle bearing No.AP 31 TU 9899 as illegal and arbitrary.
The petitioner states that the first respondent had seized the subject vehicle on 07.08.2012 on the ground of illegal transportation of sand without permission from the Mines and Geology Department and handed over the said vehicle to the second respondent for safe custody. Hence, the petitioner seeks for interim custody of the subject vehicle.
Learned Assistant Government Pleader for Mines and Geology, on instructions, states that on the earlier occasion, when the subject vehicle was involved in illegal transportation of sand, it was released subject to payment of penalty and, for the second time, the petitioner’s vehicle was seized for illegally transporting sand and, therefore, it is not a fit case to grant interim custody of the subject vehicle.
Since the petitioner was indulged in illegal transportation of sand for the second time, she is not entitled for grant of interim custody of the subject vehicle.
The Writ Petition is, accordingly, dismissed. However, this order will not preclude the petitioner from making an application before the first respondent under Rule 9X(b) of the A.P. Minor Mineral Concession Rules, 1966. No order as to costs. Miscellaneous petitions, if any, pending shall stand closed.
K.C.BHANU, J
Date:13.08.2012 usd
2 issues framed by the court
Whether the petitioner is entitled to interim custody of the vehicle seized for illegal transportation of sand for the second time.
Whether the seizure of the petitioners vehicle constitutes illegal and arbitrary action warranting a writ of mandamus.
1 provisions across 1 enactments
Petitioner
First Respondent
Second Respondent
K.C. BHANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
