ORDER

The writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“...to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent No.3 in seizing the Lorry bearing No.AP37 TD 8823 of the petitioner, in connection with FIR No.166 of 2023 without following the procedure known to law under APMMC Rules, 1966, as illegal, arbitrary and contrary to the procedure established by law and against the principles of natural justice and violative of fundamental rights guaranteed under Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the subject vehicles of the petitioner forthwith in the interest of justice and pass such other order or orders...”

2. The case of the petitioner, in brief, is that the petitioner is the owner of Lorry bearing No.AP37 TD 8823 and has been utilizing the vehicle for commercial purpose on hire. Respondent No.3 seized the vehicle alleging transporting the sand without valid way bill and registered a case vide FIR.No.166 of 2023 under Section 379 of Indian Penal Code, 1860 (for short ‘IPC’) and Section 21 (4) of The Mines and Minerals (Development and Regulation) Act, 1957 (for short ‘MMDR Act’).

3. Heard Sri B.Jaya Prabhakara Rao, learned counsel for the petitioner and learned Government Pleader for Mines and Geology, learned Government Pleader for Home and learned Government Pleader for Revenue.

4. Learned counsel for the petitioner would submit that only penalty could be levied against the petitioner if the petitioner is found guilty of the offences under Clause 16 of G.O.Ms.No.71, dated 04.09.2019 and hence prayed to release the subject vehicle.

5. Learned Government Pleader for Mines and Geology would submit that by order dated 08.01.2020 in W.P.No.671 of 2020, learned Single Judge of this Court considered the similar issue and disposed of the writ petition.

6. Since the issue involved in this writ petition is similar to the issue involved in W.P.No.671 of 2020, this Writ Petition is disposed of in terms of order dated 08.01.2020 in W.P.No.671 of 2020 directing the respondents to release the vehicle of the petitioner, on payment of penalty that may be imposed in terms of Clause 16 of G.O.Ms.No.71, dated 04.09.2019. Respondent No.2 shall calculate the penalty payable under Clause 16 of G.O.Ms.No.71, dated 04.09.2019 and intimate the amount payable to the petitioner within a period of three (3) days from the date of receipt of a copy of this order. There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.

________________________________ JUSTICE SUBBA REDDY SATTI Date : 13.07.2023 KAS/TVN THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.16962 OF 2023 Date : 13.07.2023 KAS/TVN