KOPPINEEDI MANGA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, questioning the action of the 2nd respondent in seizing the Tractor bearing No.AP 39 GV 3143 and Trailer bearing No.AP 39 TP 3200 belonging to the petitioner and declare the same as illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India, consequently direct the respondents to release the said vehicles, from the custody of the 2nd respondent and pass such other order.

(2.) The petitioner is the owner and possessor of the Tractor bearing No.AP 39 GV 3143 and Trailer bearing No.AP 39 TP 3200. On 06.02.2021 at 2.30 pm the 2nd respondent registered a crime in F.I.R.No.53 of 2021 registered under sections 379 IPC, 27,35,38 r/w 23 APWALTA act against the driver, and seized the said Tractor and Trailer of the petitioner, on the pretext of transporting sand without any way bill and permit. Consequent to the seizure, the vehicles were kept under the custody of the 2nd respondent. Despite, repeated requests of the petitioner the 2nd respondent has not released the vehicles and even not entertained his application. Hence, the Writ petition.

(3.) During hearing, learned counsel for petitioner submitted that the action of the respondents is contrary to the clause 16 of G.O.Ms.No.71, dated 04-09-2019 which deals with sand policy and declare the seizure of the vehicles as illegal, arbitrary, and violative of clause 16 of the G.O.Ms.No.71, dated 04-09-2019 and direct the respondents to release the vehicles imposing penalty, if any, permissible under clause 16 of the G.O.Ms.No.71, dated 04-09-2019.