Andhra Pradesh High Court - Amravati
Maruvada Durga Sai Krishna vs The State Of Andhra Pradesh, on 6 May, 2021
Author: Battu Devanand
Bench: Battu Devanand
1
THE HON'BLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION No.9626 of 2021
O R D E R:
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 3rd Respondent's action in seizing the lorry bearing number AP 04 TX 7013 in connection with Cr. No. 253 of 2021 on the file of SHO of Bommuru P S as illegal, arbitrary and in violation of Articles 14, 19 and 21 of Constitution of India and in violation of clause 16 of G.O. Ms. No 71, dated 04-09-2019 and consequently release the said lorry from the custody of the 2nd Respondent in favour of Petitioner Who is its registered owner and pass such other or further order or orders which are deemed fit and proper in the circumstances of the case.
2) The petitioner is the owner of the seized vehicle i.e., lorry bearing number AP 04 TX 7013. 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 3rd Respondent on 26.04.2021 alleging that the same was involved in illicit 2 transportation of sand without any valid permit and registered a case in Cr.No.253 of 2021 and the same was kept in the premises of the respondent No.3 police station from the date of seizure.
3) Heard the learned counsel for the petitioner and the learned Government Pleader of Mines & Geology appearing for respondent Nos.1 and 2 and learned Government Pleader for Home appearing for the 3rd respondent and perused the material available on record. With the consent of both counsel, this writ petition is disposed of at the stage of admission.
4) 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:
(16) Offences and Penalties:
The following penal provisions are applicable against the persons who involved in sale/illegal extraction/un-authorized excavation of sand in prohibited areas, trading and selling of sand, charging beyond cost of transportation and excavation, 3 transporting sand without GPS devices, use or usage of machinery and vehicles in un-authorized excavation and transportation of sand to other States.
(a) In the case of the vehicles engaged in illegal/un-authorized 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:
Vehicle Type First time (In Rs.) Second time (In Rs.) Tractor Upto 10,000/- Upto 10,001/- to 20,000/-
Lorry fitted with Upto 25,000/- Upto 25,001/- to
upto 10 tyres 50,000/-
capacity
Lorry fitted with Upto 50,000/- Upto 50,001/- to
above 10 tyres 1,00,000/-
Machinery Upto 50,000/- Upto 50,001/- to
1,00,000/-
5) 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 4 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.
6) 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.
7) Accordingly, this writ petition is allowed with the following directions:
(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
(ii) On such payment of penalty, the respondents shall release the seized vehicle to the petitioner. 5
Consequently, miscellaneous applications pending, if any, shall stand closed.
___________________________ JUSTICE BATTU DEVANAND Dt. 06-05-2021 Note: Issue CC by 07-05-2021.
B/o eha 6 THE HON'BLE SRI JUSTICE BATTU DEVANAND WRIT PETITION No.9626 of 2021 Dt. 06-05-2021 eha