Petition challenging vehicle seizure for unauthorised sand transport dismissed. Court ordered release upon Rs. 20,000 payment if no prior similar offences existed.
Vehicle to be released on payment of Rs. 20,000/- subject to no prior seizure for similar offences.
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THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No. 3001 of 2013 ORDER:
The petitioner is the owner of a vehicle bearing No.AP29TA7677. It was engaged in transport of sand. The Tahsildar, Balanagar Mandal, 3rd respondent herein seized the vehicle on 30.01.2013, on the ground that it was used in unauthorised transport of sand. The custody of the same was entrusted to the Station House Officer, Balanagal P.S., 4th respondent herein. This writ petition is filed challenging the seizure of the vehicles.
Heard learned counsel for the petitioner and learned counsel for the respondents.
The writ petition was listed for admission on 08.02.2013. This Court passed an interim order directing that the Assistant Director of Mines and Geology, Kunrool, 1st respondent herein shall verify as to whether the way bills issued in respect of the vehicle are genuine or not. Today, it is reported that on verification of the records, it is found that the way bills relied upon by the petitioner are not genuine.
Hence, the writ petition is disposed of, directing the 4th respondent that, in case the vehicle in question was not involved in similar offences or acts on earlier occasion and was not levied any penalty, it shall be released on payment of Rs.20,000/- (Rupees Twenty Thousand Only). In case, the vehicle was involved in similar offences or acts on earlier occasion,
the respondents need not release the vehicle and it shall be open to them to take necessary steps in accordance with law. For that purpose, the petitioner shall have to file an affidavit stating whether or not the vehicle was seized on earlier occasion, on the same allegations.
The miscellaneous petition filed in this writ petition shall also stand disposed of. There shall be no order as to costs.
___________________ L.NARASIMHA REDDY, J
Date: 20.02.2013 Note: Issue C.C. in two days. JSU
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY
WRIT PETITION No. 3001 of 2013
Date: 20.02.2013
JSU
1 issue framed by the court
Whether the vehicle seized for unauthorised sand transport should be released upon payment of Rs. 20,000/- subject to no prior similar offences.
2 provisions across 2 enactments
Owner of Vehicle No. AP29TA7677
Assistant Director of Mines and Geology
Tahsildar, Balanagar Mandal
Station House Officer, Balanagal P.S.
L. Narasimha Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
