Telangana High Court
WP/39922/2012 of M. Venkata Ratnam, Vs Government of A.P. on 28 December 2012
L. NARASIMHA REDDY WRIT PETITION No.39922 of 2012 ORDER: The petitioner claims to be the owner of Tipper bearing No. AP 31 TA 0882. The vehicle was seized by the 3rd respondent on 13-12-2012, on the ground that it was used in transporting sand without valid permit. Crime No.296 of 2012 was
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ORDER:
HONOURABLE SRI JUSTICE L. NARASIMHA REDDYWRIT PETITION No.39922 of 2012
The petitioner claims to be the owner of Tipper bearing No. AP 31 TA 0882. The vehicle was seized by the 3[rd] respondent on 13-12-2012, on the ground that itwas used in transporting sand without valid permit. Crime No.296 of 2012 wasregistered. The petitioner challenges the same.
2. Heard learned counsel for the petitioner and learned counsel for therespondents.
3. The only ground on which the vehicle was seized is that it is used intransporting sand without valid permit. The Andhra Pradesh Minor MineralConcession Rules, 1966, provide for levy of penalty at the rate of Rs.20,000/-, pergoods vehicle. On payment of penalty, the vehicle can be released. However, ifthe vehicle was involved in similar crimes on earlier occasion, the facility would notbe available.
4. Hence, the writ petition is disposed of, directing the 3[rd] respondent that,in case the vehicle in question was not involved in similar offences or acts onearlier occasion and was not levied any penalty, it shall be released on payment ofRs.20,000/- (twenty thousand). In case, the vehicle was involved in similaroffences or acts on earlier occasion, the respondents need not release the vehicleand it shall be open to them to take necessary steps in accordance with law. Forthat purpose, the petitioner shall file an affidavit stating whether or not the vehiclewas seized on earlier occasion, on the same allegations.
5. The miscellaneous petition filed in this writ petition shall also standdisposed of. There shall be no order as to costs.
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L. NARASIMHA REDDY, J
December 28, 2012.Note: Furnish C.C. in three days.B/O.KTL