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2024 DIGILAW 443 (AP)

Isukapalli Ashok v. State of Andhra Pradesh, Rep. By Its Principal Secretary

2024-04-12

SUBBA REDDY SATTI

body2024
ORDER Subba Reddy Satti, J. - Heard learned counsel for the petitioner; learned Assistant Government Pleader for Mines and Geology; learned Assistant Government Pleader for Revenue and learned Assistant Government Pleader for Home. 2. The case of the petitioners, in brief, is that petitioners are the owner of Tipper lorries bearing Nos.AP 39 TV 5677, AP 05 TG 2534, AP 39 TV 6641 and AP 39 UG 1388 respectively. Respondent No.3 seized the said vehicleS in connection with crime No.180 of 2024 of Tadepalli Police Station registered for the offences punishable under Section 379 IPC and Section 21 (2) of MMDARA. 3. Learned counsel for the petitioners would submit that under Clause 16 of G.O.Ms.No.71, dated 04.09.2019, only penalty could be levied against the petitioners if they are found guilty of the aforesaid offences. Hence, prayed to release the subject vehicle. 4. Learned Government Pleader for Mines and Geology would submit that by order dated 08.01.2020 in W.P.No.671 of 2020 learned Single Judge of this Court considered the similar issue and disposed of the writ petition. 5. Since the issue involved in this writ petition is similar to the issue involved in W.P.No.671 of 2020, this Writ Petition is disposed of in terms of order dated 08.01.2020 passed in W.P.No.671 of 2020, directing the respondents to impose penalty in terms of Clause 16 of G.O.Ms.No.71, dated 04.09.2019 and on payment of such penalty by the petitioner, the respondents shall release the Tipper lorries bearing Nos.AP 39 TV 5677, AP 05 TG 2534, AP 39 TV 6641 and AP 39 UG 1388 respectively to the petitioners, upon producing ownership documents of the said vehicle to the satisfaction of respondent No.3. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.