E P POULOSE Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India seeking to declare the action of the 2nd respondent in seizing the lorry bearing registration No.OD 10 K 4744 of the petitioner, as illegal and arbitrary and consequently direct the respondents to release the above lorry to the petitioner.

(2.) It is the case of the petitioner that he is the registered owner of the subject lorry. He is having valid permit to transport sand from Odisha State to the State of Andhra Pradesh. On 18.9.2020 at 14.00 hours, the Sub-Inspector, Special Enforcement Bureau, Circle-IV, Visakhapatnam, while in patrolling duty along with her staff, when reached at Madhavadhara, VUDA Colony, found that the lorry of the petitioner bearing No.OD 10 K 4744 is transporting sand illegally from Odisha State to Visakhapatnam, without any valid permit and seized the said vehicle, kept in her custody, registered crime and issued FIR.No.422/2020 U/s.420 IPC, 21(1) MMDARA Act against the driver. The further case of petitioner is that on 09.10.2019, the Government of Andhra Pradesh, Mines & Geology Department, Ibrahimpatnam, in Memo No.2611873/R6-SAND/2019 has issued interstate border clarifications for transportation of sand and as per clause 16(a) of GOMs.No.71, dated 04.09.2019, and Rule 9-B of amended A.P.M.M.C Rules, 1966, there is a prohibition on transportation of sand from Andhra Pradesh to outside the State. However, as per the said G.O no restrictions were imposed on the sand being transported from other States to Andhra Pradesh, Therefore, the vehicles coming from other States can carry way bill issued by a competent authority and transport the sand to Andhra Pradesh. Inspite of the sand policy being promulgated by the Government of Andhra Pradesh, clarifying that transportation of sand from other States to Andhra Pradesh is not a violation of any law or Rules, still the respondents and some other police and revenue officials are intercepting the sand lorries on the ground that such transportation is not permissible.

(3.) Learned counsel for the petitioner contended that as per the aforesaid G.O.Ms.No.71 dated 04.09.2019, there is prohibition of transportation of sand from Andhra Pradesh to outside the State, but, however, there is no such restriction for sand being transported from other States into the State of Andhra Pradesh and, therefore, the respondent authorities are not legally justified to intercept the vehicle of the petitioner transporting the sand from Orissa to Andhra Pradesh.