Telangana High Court
WP/40352/2012 of T.Saraswathi, W/o.Krishnam Raju, Vs The Asst. Director of Mines and Geology, on 31 December 2012
SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.40352 of 2012 ORDER: The petitioner is the owner of a lorry bearing No. AP 31 TW 5469. It was seized by the 2nd respondent on 04.10.2012, on the ground that it was being used in illegal transport of sand and it was entrusted to the 3rd
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
THE HON’BLE SRI JUSTICE L. NARASIMHA REDDYWRIT PETITION No.40352 of 2012ORDER:
The petitioner is the owner of a lorry bearing No.AP 31 TW 5469. It was seized by the 2[nd] respondenton 04.10.2012, on the ground that it was being used inillegal transport of sand and it was entrusted to the 3[rd]respondent for safe custody. The petitioner challengesthe order of seizure.
Heard the learned counsel for the petitioner andlearned counsel for the respondents.
It has become almost a trade for the owners ofthe heavy goods vehicles to indulge in illegal transportof sand. Not only the relevant Rules are violated andheavy loss is caused to the State Exchequer, but alsothe environmental problems are arising and roads aregetting damaged. This is the second time that thepetitioner was caught in such activities. Strictlyspeaking, the matter must be left to the 2[nd] respondentfor passing orders on confiscation. However, as a lastchance, the petitioner is granted the relief of release ofthe vehicle on payment of double penalty, viz.,Rs.30,000/- and by imposing a condition as to theproper use of the vehicle.
that,
Hence, the Writ Petition is disposed of directing a.In case, the petitioner pays a sum ofRs.30,000/- (Rupees thirty thousand only)
as penalty, the respondents shall releasethe vehicle of the petitioner.
b.After such release, the petitioner shall beunder obligation to inform in writing to theunder obligation to inform in writing to the 3[rd] respondent about the Trip Sheetsundertaking or the manner in which thevehicle is used, once in every three (3)days.undertaking or the manner in which thevehicle is used, once in every three (3)days.
c.If the petitioner fails to inform the 3[rd]respondent about the movement of thevehicle, the vehicle shall be liable to beseized without any further notice. respondent about the movement of thevehicle, the vehicle shall be liable to beseized without any further notice.
d.This practice shall be continued for aperiod of four (4) months from today. Thepetitioner shall not be entitled to seekrelease of the vehicle, if it is used in illegaltransport of the sand, once again. period of four (4) months from today. Thepetitioner shall not be entitled to seekrelease of the vehicle, if it is used in illegaltransport of the sand, once again.
The miscellaneous petition filed in this writ petitionshall also stand disposed of. There shall be no order asto costs.
____________________
L. NARASIMHA
REDDY, J.
Date: 31.12.2012
JSU
THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY
JSU
WRIT PETITION No.40352 of 2012
Date: 31.12.2012