O R D E R:

This Writ Petition has been filed by the petitioner Nos.1 to 4 under Article 226 of the Constitution of India seeking to issue a writ of mandamus declaring the action of the 3rd respondent in seizing the Tractor & Trailer bearing Nos.AP 07 TM 5533 & AP 07 TM 6198 belongs to the 1st petitioner, Tractor bearing No.AP 39 TT 5768 along with trailer belongs to the 2nd petitioner, Tractor & Trailer bearing Nos.AP 07 TM 6841 & AP 07 TM 6929 belongs to the 3rd petitioner and Tractor &Trailer bearing Nos.AP 07 TJ 0593 & AP 07 TJ 0594 belongs to the 4th 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 vehicles in favour of the petitioners forthwith and pass such other order or orders in the interest of justice.

2) The 1st petitioner is the owner of Tractor & Trailer bearing Nos.AP 07 TM 5533 & AP 07 TM 6198, the 2nd petitioner is owner of Tractor bearing No.AP 39 TT 5768 along with trailer, the 3rd petitioner is owner of Tractor & Trailer bearing Nos.AP 07 TM 6841 & AP 07 TM 6929 and the 4th petitioner is the owner of Tractor &Trailer bearing Nos.AP 07 TJ 0593 & AP 07 TJ 0594. They are engaged in the goods carrying transport of business and it is their only source of income. The vehicles of the petitioners were seized by the Respondent No.3 on 17.04.2021 alleging that the same were involved in illicit transportation of sand without any valid permit. Pursuant to the seizure of the vehicles, the respondent No.3 has registered cases and the said vehicles were kept in the premises of the respondent No.3 police station from the date of seizure.

3) Heard the learned counsel for the petitioners and the learned Government Pleader of Mines & Geology appearing for the respondent Nos.1 and 2 and learned Government Pleader for Home appearing for 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 sane 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.

(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:

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.

6) As and when the procedure is provided by the Government in G.O.Ms.No.71