O R D E R:

This Writ Petition has been filed by the petitioner Nos.1 and 2 under Article 226 of the Constitution of India seeking to issue a writ of mandamus declaring the action of the respondent Nos.2 and 3 in seizing the petitioners Lorry bearing No.A.P. 03 TB 6768 and Lorry bearing No.A.P.39 TR 4149 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 Lorry bearing No.A.P. 03 TB 6768 and the 2nd petitioner is the owner of Lorry bearing No.A.P.39 TR 4149. 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.2 on 05.04.2021 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.2 has registered cases and the said vehicles were kept in the premises of the respondent No.2 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 3 and learned Government Pleader for Home appearing for 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 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 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