THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.15447 of 2025

ORDER

learned Government Pleader for Home and learned Assistant Government Pleader for Revenue appearing for the respondents. With consent of the both sides, the Writ Petition is disposed of at the stage of admission itself.

2. Learned counsel for the petitioners submits that the petitioners are the owners of the vehicles i.e. Lorry bearing Nos.AP-26-TD-1369 and AP-39-W-1269 respectively. On 20.05.2025, the respondent No.3 has seized the said vehicles of the petitioners on the ground of illegal transportation of sand and registered a case vide FIR No.93 of 2025 on the file of VM Banjar, Khammam District on 20.05.2025 for the offences under Section 318(4) of BNS. Thereafter, the respondent No.3 has addressed a letter to the respondent No.2 vide C.No.Misc/SI-H4/2025 dated 20.05.2025 stating that above said lorries were sending for verification of sand for taking further action.

that the respondent No.2 has verified the sand and imposed penalty of Rs.25,000/- (Rupees twenty five thousand only) for each Lorry and stated that the above said Lorries were involved in clandestine business for the first time. In view of the same, the respondent No.2-Tahsildar has remitted the imposed penalty of Rs.25,000/- through Challans bearing Nos.65000672965 and 6500672989 at SBI Branch, Sathupalli on 22.05.2025. Subsequently, the respondent No.2 vide proceedings in RC.No.B/271/2025, dated 22.05.2025 has directed the respondent No.3 to release the said seized vehicles pending publication of auction. In spite of receipt of the said proceedings dated 22.05.2025, the respondent No.3 is not releasing the said vehicles to the petitioners. The said action of the respondent No.3 is illegal and arbitrary, hence, requested to direct the respondent No.3 to release the seized vehicles to the petitioners forthwith.

4. Learned Government Pleader for Home submits that the respondent No.3 will release the said vehicles as per the proceedings of the respondent No.2 in RC.No.B/271/ 2025, dated 22.05.2025 by following procedure in due course. 5. After hearing both sides and on perusing the entire material on record, the writ petition is disposed of, directing the respondent No.3 to release the vehicles i.e. Lorry bearing Nos.AP-26-TD-1369 and AP-39-W-1269 to the petitioners forthwith in pursuance of the proceedings of the respondent No.2 in RC.No.B/271/ 2025, dated 22.05.2025. No order as to costs.

6. Miscellaneous Applications, if any pending in this writ petition, shall stand closed.

_____________________ JUSTICE K.SARATH Date:04.06.2025 Note: Issue C.C by tomorrow (B/o)

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