Nagappa Konnur vs The District Collector on 6 January, 2021

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Kerala High Court

Nagappa Konnur vs The District Collector on 6 January, 2021

Bench: A.Muhamed Mustaque

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

   WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                        WP(C).No.252 OF 2021(F)


PETITIONER/S:

                NAGAPPA KONNUR, AGED 40 YEARS,
                S/O.SHIVAPPA, AP BENNUR, TQ BAGALKOT,
                BAGALKOT, KARNATAKA-587 101.

                BY ADVS.
                SRI.SHABU SREEDHARAN
                SMT.MEENU THAMPI
                SHRI.AMAL STANLY


RESPONDENT/S:

      1         THE DISTRICT COLLECTOR, KASARGODU, CIVIL STATION,
                VIDYANAGAR, KASARGODU-671 121.

      2         THE REVENUE DIVISIONAL OFFICER,
                KASARGODU, PORT OFFICE BUILDING, NEAR RAILWAY
                STATION, KASARGODU-671 121.

      3         SASHIKUMAR K.V., DEPUTY TAHSILDAR AND HEAD,
                ANTI SAND THEFT SQUAD, KASARGOD/MANJESWAR TALUK.

      4         THE STATION HOUSE OFFICER,
                VIDYANAGAR POLICE STATION,
                VIDYANAGAR ULIYATHADKA ROAD,
                KASARGOD-671 123.



                BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION             ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.252/2021                      2



                                JUDGMENT

Dated this the 6th day of January 2021 The petitioner approached this Court challenging seizure of his vehicle (Ashok Leyland Lorry) bearing registration No.KA 23A 7302. The said vehicle was seized alleging transportation of river sand without a valid permit.

2. According to the petitioner, the vehicle was transporting river sand from West Bengal with a valid transit pass, produced as Ext.P3.

3. The petitioner is transporting sand from West Bengal with a valid transit pass has to be verified by the Revenue Divisional Officer. The Revenue Divisional Officer has to make sure that the transit pass claimed by the petitioner is genuine or not. The Revenue Divisional Officer shall contact the officials in West Bengal to find out the genuineness of such claim. Further, he has also to examine the nature of the sand. An appropriate decision shall be taken after adverting to all attending circumstances within a period of one month.

WP(C).No.252/2021 3

The petitioner shall produce a copy of the writ petition along with the copy of this judgment before the Revenue Divisional Officer for compliance.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE ln WP(C).No.252/2021 4 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 2.9.2014 OF THE ASHOK LEYLAND LORRY BEARING REG NO KA 23A 7302.

EXHIBIT P2 THE TRUE COPY OF THE E-RECEIPT FOR NATIONAL PERMIT IN RESPECT OF THE ASHOK LEYLAND LORRY BEARING REG NO KA 23A 7302 DATED 1.2.2020.

EXHIBIT P3 THE TRUE COPY OF THE SAID TRANSIT PASS DATED 2.12.2020 ISSUED FROM THE BLOCK LAND & REFORMS OFFICER, JAMURIA, PASCHIM BARDHAMAN.

EXHIBIT P4 THE TRUE COPY OF THE SEIZURE MAHAZAR DATED 5.12.2020.

EXHIBIT P5 THE TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 30.9.2020.

RESPONDENTS EXHIBITS:NIL.

//TRUE COPY// P.A.TO JUDGE

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