THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.31747 of 2014 Dated 28th October, 2014
Between :
Pathi Narayana and others .. Petitioners And The State of Andhra Pradesh, Rep., by its Principal Secretary, Department of Mines and Geology, Secretariat Buildings, Hyderabad and others .. Respondents THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.31747 of 2014 ORDER:
Heard learned counsel for the petitioners and learned Government Pleader for Industries and Commerce appearing for respondents 1 and 2.
This writ petition is directed against the action of the Assistant Director of Mines and Geology - the 2nd respondent, in seizing the Tractors and Trailors bearing No.AP04 TU 7519 and Trailor bearing No.AP04 TU 7520, Tractor bearing No.AP04 Y 7213 and Trailor bearing No.AP04 Y 7234, Tractor bearing No.AP04 Y 0127 and Trailor bearing No.AP04 Y 0128 and Tractor bearing No.AP04 Y 3580 and Trailor bearing No.AP04 Y 3571, respectively, belonging to the petitioners, on the ground that at the time of seizure, the petitioners were not found having transport permits.
Learned counsel for the petitioners states that they have filed copies of the transport permits granted to the petitioners, which were valid for a period of 13.09.2014 to 15.09.2014. However, the petitioners’ state that for personal reasons, which are explained in the affidavit, they could not produce the transport permits and when they were transporting sand, the 2nd respondent issued the impugned letter, dated 17.09.2014, and seized all the four vehicles.
In view of the policy of the Government as per the G.O.Ms.No.95, Industries and Commerce (Mines–IV) Department, dated 28.08.2014, this writ petition deserves to be disposed of in a similar manner, as the similar order was passed in W.P.No.31923 of 2014.
Since the impugned letter state that the 2nd respondent directed the Station House Officer, Mannur – the 5th respondent to release the vehicles so seized subject to production of release orders by the 2nd respondent herein, the petitioners herein are directed to submit their explanation giving details of their permit to the 2nd respondent within a week from today and the 2nd respondent shall receive the same and pass appropriate orders thereon.
Since filing of explanation and passing of orders thereon would take some time, the petitioners are directed to deposit a sum of Rs.15,000/- (Rupees fifteen thousand only) each treating them as first offenders in terms of G.O.Ms.No.95, Industries and Commerce (Mines-IV) Department, dated 28.08.2014, before the 2nd respondent and on production of proof of said deposit, the 5th respondent shall release the Tractors and Trailors, referred to above, immediately. It is made clear that the said amount shall be subject to further orders that would be passed by the 2nd respondent, as directed above.
Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
VILAS V.AFZULPURKAR, J
28.10.2014 Note: Issue C.C. by 29.10.2014 (B/o)
KH