Andhra Pradesh High Court - Amravati
Smt. Vanua Vijaya Lakshmi vs The State Of Andhra Pradesh, on 6 October, 2020
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
1
HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No.18085 of 2020
ORDER:
Heard the learned counsel for the petitioner, the learned Government Pleader for Mines and Geology appearing for the respondent Nos. 1 and 3 and the learned Government Pleader for Home appearing for respondent No.2 and with their consent, this writ petition is being disposed of at the stage of admission.
This writ petition is filed to declare the action of respondent No.2 in seizing the lorry bearing No.AP 07 TH 5269 belonging to the petitioner and kept in his custody, as illegal and arbitrary and consequently, direct the respondents to release the vehicle of the petitioner.
Case of the petitioner is that, he is the registered owner of the subject lorry and on 25.09.20220 at 7.30 AM, the Sub Inspector of Police, Special Enforcement Bureau, Circle-V, Visakhapatnam seized the lorry and kept the vehicle in the custody of respondent No.2 on the ground that sand was unloaded at Sriharipuram, Visakhapatnam instead of Srikakulam; he is having valid permit and way bill to transport the sand from Nihar Ranjan Sahoo, Mahandi River Sand, Gopinadhapur, Salipur, Cuttack, Odisha State to the State of Andhra Pradesh through Bill No.821116902985, dated 24.09.2020; as per the e-way bill issued by the competent authority he is transporting the sand from Odisha State to State of Andhra Pradesh; on 09.10.2019, the 2 Government of Andhra Pradesh, Mines & Geology Department, Ibrahimpatnam, in Memo No.2611873/R6- SAND/2019 has issued interstate boarder clarifications for transportation of sand and as per clause 16(a) of G.O.Ms.No.71, dated 04.09.2019 and Rule 9-B of amended APMC Rules, 1966, there is a prohibition on transportation of sand from the state of Andhra Pradesh to outside the State. However, as per the said G.O., no restrictions were imposed on the sand being transported from other States to the State of Andhra Pradesh. The vehicles coming from other State must carry a way bill issued by a competent authority, otherwise such vehicle carrying sand shall be penalized as per APMMC Rules, 1966. Hence, the writ petition.
Learned counsel for the petitioner submits that the matter is squarely covered by the order of this Court in W.P No.8507 of 2020 dated 08.05.2020 and the learned Government Pleaders appearing for respondents did not dispute the same.
Operative portion of the said order reads thus:
"In view of the above respective submissions, the Writ Petition is disposed of observing that while respondent authorities are empowered to check the vehicles which are transporting sand from other States to the State of Andhra Pradesh for verification of necessary documents as stated supra, however, they shall not obstruct or seize the vehicles and the sand, only on the ground that sand is being transported from other States to the State of Andhra Pradesh, which is not a violation as per G.O.Ms.No.71 of Industries, Infrastructure, Investment & Commerce (Mines- II) Department, dated 04.09.2019."3
Following the said order and for the reasons recorded therein, this Writ Petition is also disposed of in terms thereof.
Miscellaneous petitions, if any pending in this writ petition, shall stand cancelled.
________________________________ KONGARA VIJAYA LAKSHMI, J Date: 06-10-2020 KA 4 HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.18085 of 2020 Date: 06.10.2020 KA