GURUPREET SINGH BHULLAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus declaring the action of the respondents in seizing the vehicle bearing No.CG 04LE 9477 belonging to the petitioner as illegal and arbitrary and consequently direct the respondents to release the above vehicle to the petitioner and pass such other order.

(2.) It is the case of the petitioner that he is the registered owner of the subject vehicle. He is having valid permits to transport sand with valid way bill issued by Government of Odisha. On 25.09.2020, the Sub-Inspector, Special Enforcement Bureau, Visakhapatnam seized the petitioner's vehicle alleging that he is transporting sand illegally without any valid permit and kept the said vehicle in his custody and registered crime as Crime No.498 of 2020. 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 A.P 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 vehicles of the petitioners transporting the sand from Orissa to Andhra Pradesh.