Andhra Pradesh High Court - Amravati
This Writ Petition Has Been Filed By The vs Article 226 Of The Constitution Of India ... on 19 April, 2021
Author: Battu Devanand
Bench: Battu Devanand
THE HON'BLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION No.8692 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 action of the respondents in seizing the vehicle bearing No.AP 07 TJ 2095 of the petitioner as illegal, arbitrary and violative of Article 19 and 21 of the Constitution of India and consequently direct the respondents to release the seized vehicle in favour of the petitioner forthwith and pass such other order or orders in the interest of justice.
2) The petitioner is the owner of the seized vehicle bearing No.AP 07 TJ 2095. 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 2nd respondent on 03.04.2021 alleging that the same was involved in illicit transportation of sand without any valid permit. Pursuant to the seizure of the vehicle, the respondent No.2 has registered FIR No.184 of 2021 and the said vehicle was kept in the premises of the respondent No.2 police station from the date of seizure.
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3) Heard the learned counsel for the petitioner and the learned Government Pleader of Mines & Geology appearing for respondent Nos.1 and 3 and learned Government Pleader for Home appearing for the 2nd 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, transporting sand without GPS devices, use or usage of machinery and vehicles in un-authorized excavation and transportation of sand to other States.3
(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 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.4
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.
Consequently, miscellaneous applications pending, if any, shall stand closed.
_________________________ JUSTICE BATTU DEVANAND Dt. 19-04-2021 Note: Issue CC today.
B/o PGR 5 THE HON'BLE SRI JUSTICE BATTU DEVANAND WRIT PETITION No.8692 of 2021 Dt. 19-04-2021 Note: Issue CC today.
B/o PGR