P H NOUSHAD Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner's 'Earth Mover' (JCB) was detained on 23.1.2012 alleging removal of earth without proper authorisation and was later released as ordered by the 1st respondent - District Collector. According to the petitioner, the 1st respondent was satisfied that the seizure was ill-motivated and that is why the vehicle was ordered to be released. THE petitioner would contend that irked by the release of the vehicle, the 2nd respondent again seized the vehicle on 21.2.2012 alleging mining and removal of earth in violation of the provisions of the Mines and Minerals ( Development and Regulation) Act, which also is ill-motivated. THE petitioner, therefore, seeks the following reliefs:

(2.) THE learned Government Pleader would submit that there is no mala fides in the seizure and the seizure was valid and proper.