RAHIM S A Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Petitioner is challenging the correctness and sustainability of Ext.P3 final order passed on 7.4.2010 whereby the vehicle bearing Reg. No. KL-01-E-9552 belonging to the petitioner which was seized on 26.10.2009 for transporting river sand without valid pass has been ordered to be released on condition that the petitioner deposited a sum of Rs. 1.55 Lakhs in lieu of confiscation.

(2.) The main ground of challenge raised in the Writ Petition is that, on an earlier occasion, the very same vehicle was seized (on 19.5.2009) in respect of similar offence and on finalisation of the proceedings, the first respondent had ordered release of the vehicle, in lieu of confiscation, on depositing a sum of Rs. 30,000/- as borne by Exts.P4; pursuant to which the vehicle was got released on satisfying the said amount as discernible from Ext.P5. Learned Counsel for the petitioner submits that the first respondent, having already ordered a sum of Rs. 30,000/- as payable towards the 'River Management Fund' in respect of the very same vehicle, so as to have it released earlier, it is not now open to the first respondent to take a different turn causing the petitioner to remit a sum of Rs. 1.55 Lakhs for releasing the vehicle in respect of the similar/subsequent cause of action.

(3.) Heard the learned Government Pleader for the respondents as well.