Andhra Pradesh High Court - AmravatiKonatham Srinivasa Reddy vs The State Of Andhra Pradesh on 16 April, 2021Bench: Battu DevanandTHE HON'BLE SRI JUSTICE BATTU DEVANAND\n\n                 WRIT PETITION No.8499 of 2021\n\nO R D E R:This Writ Petition has been filed by the petitioner underArticle 226of the Constitution of India seeking to issue a writ\n\nof mandamus declaring the action of the respondents in\n\nseizing the vehicles bearing Nos.AP 27 UB 4177 and AP 27 TZ\n\n1747 of the petitioner as illegal, arbitrary and violative ofArticle     19and21of    the   Constitution    of   India    and\n\nconsequently direct the respondents to release the seized\n\nvehicles in favour of the petitioner forthwith and pass such\n\nother order or orders in the interest of justice.2)        The petitioner is the owner of the seized vehicles\n\nbearing Nos.AP 27 UB 4177 and AP 27 TZ 1747.                          He is\n\nengaged in the goods carrying transport of business and it is\n\nhis only source of income. The vehicles of the petitioner were\n\nseized by the I/c. Inspector, Special Enforcement Bureau,\n\nBadvel, on 03.04.2021 alleging that the same was involved in\n\nillicit   transportation    of    sand   without   any    valid   permit.\n\nPursuant to the seizure of the vehicle, the respondent No.3\n\nhas registered FIR No.74 of 20201 and the said vehicles were\n\nkept in the premises of the respondent No.3 police station\n\nfrom the date of seizure.23)   Heard the learned counsel for the petitioner and the\n\nlearned Government Pleader of Mines & Geology appearing for\n\nrespondent Nos.1 and 2 and learned Government Pleader for\n\nHome appearing for the 3rd respondent and perused the\n\nmaterial available on record. With the consent of both\n\ncounsel, this writ petition is disposed of at the stage of\n\nadmission.4)   Having heard the submissions of both counsel, it is\n\nappropriate     to   consider   the   relevant    Clause   16    of\n\nG.O.Ms.No.71     Industries,    Infrastructure,   Investment    and\n\nCommerce (Mines-II)       Department,     dated    04.09.2019    as\n\nextracted hereunder:(16) Offences and Penalties:The following penal provisions are applicable against the\n\npersons who involved in sale/illegal extraction/un-authorized\n\nexcavation of sand in prohibited areas, trading and selling of\n\nsand, charging beyond cost of transportation and excavation,\n\ntransporting sand without GPS devices, use or usage of\n\nmachinery and vehicles in un-authorized excavation and\n\ntransportation of sand to other States.(a)     In the case of the vehicles engaged in illegal/un-authorized excavation in the prohibited areas (i.e.3within    500     meters      from      the    Ground          water\n              structures, Bridges, Dams, Railway lines and cross\n              drainage structures etc.), transportation of sand\n              outside the State and found transporting sand\n              without valid Sand Way bill issued by the Asst.\n              Director of Mines & Geology concerned, shall be\n              penalized as follows:Vehicle Type             First time (In Rs.)     Second time (In Rs.)\n     Tractor                  Upto 10,000/-           Upto   10,001/-    to\n                                                      20,000/-Lorry fitted with Upto 25,000/-                  Upto   25,001/-    to\n     upto     10   tyres                              50,000/-\n     capacity\n     Lorry fitted with Upto 50,000/-                  Upto   50,001/-           to\n     above 10 tyres                                   1,00,000/-\n     Machinery           Upto 50,000/-                Upto   50,001/-           to\n                                                      1,00,000/-\n\n\n\n5)     Upon perusal of Clause 16 of G.O.Ms.No.71 Industries,\n\nInfrastructure,        Investment         and    Commerce            (Mines-II)\n\nDepartment,       dated       04.09.2019,       it    is    clear     that     thevehicle/machinery found involved in any violation not more\n\nthan    two    times    in    unauthorized      excavation          and      found\n\ntransportation of sand without valid Sand Way bill issued by\n\nthe concerned officer, the respondent authorities authorized\n\nto impose penalty as mentioned in the table provided under\n\nClause 16 of the said Government Order.6)     As   and     when      the   procedure        is    provided    by      the\n\nGovernment        in    G.O.Ms.No.71        Industries,       Infrastructure,4Investment and Commerce (Mines-II) Department, dated\n\n04.09.2019 to impose penalty for violation of the conditions\n\nmentioned therein, the action of the respondents in keeping\n\nthe vehicle in the police station, which causes damage to the\n\nvehicle due to exposure to sun and rain, in the considered\n\nopinion of this Court is illegal and unjust.7)   Accordingly, this writ petition is allowed with the\n\nfollowing directions:(i) The respondents are directed to impose penalty in\n\nterms    of     Clause     16    of     G.O.Ms.No.71   Industries,\n\nInfrastructure,     Investment        and   Commerce   (Mines-II)\n\nDepartment, dated 04.09.2019; and(ii) On such payment of penalty, the respondents shall\n\nrelease the seized vehicles to the petitioner.Consequently, miscellaneous applications pending, if\n\nany, shall stand closed._________________________\n                                  JUSTICE BATTU DEVANAND\n\n\nDt. 16-04-2021\n\nNote: Issue CC today.B/o\n              PGR5THE HON'BLE SRI JUSTICE BATTU DEVANAND\n\n\n\n\n           WRIT PETITION No.8499 of 2021\n\n\n\n                        Dt. 16-04-2021\n\n\n\nNote: Issue CC today.B/o\n         PGR