This order disposes of a writ petition challenging the seizure of a lorry for alleged illegal sand transport. The court directs release upon penalty payment unless the vehicle was involved in similar offences earlier.
Vehicle to be released forthwith upon payment of penalty unless it was involved in similar offences earlier.
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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.5943 of 2013 ORDER:
The petitioner is the owner of a lorry bearing No.AP 23X 2529. It is stated that the vehicle was seized on 19.02.2013 by the 2nd respondent, on the ground that it was used in illegal transport of sand and was handed over to the 3rd respondent for custody. The petitioner challenges the order of seizure.
Heard learned counsel for the petitioner and learned counsel for the respondents.
The Andhra Pradesh Minor Mineral Concession Rules, 1966 (for short ‘the Rules’) provide for levy of penalty, in case a vehicle is used for illegal transport of minor mineral. In case the petitioner pays the penalty stipulated under the Rules, the respondents shall have to release the vehicle.
Hence, the writ petition is disposed of, directing that, in case the petitioner pays the penalty stipulated under the Rules, the respondents shall release the vehicle forthwith. Further, it is made clear that in case the vehicle was involved in the similar offences earlier, it need not be released and it shall be open to the respondents to take necessary steps in accordance with law. The petitioner shall file an affidavit as to whether the vehicle was involved in such offences earlier.
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.
Dated: 27.02.2013 Note: Issue C.C. tomorrow. JSU
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY
WRIT PETITION No.5943 of 2013
Date: 27.02.2013
JSU
1 issue framed by the court
Whether the lorry seized for illegal sand transport should be released upon payment of penalty, considering past offences.
1 provisions across 1 enactments
Petitioner
2nd Respondent
3rd Respondent
L. Narasimha Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
