Uppala Sridher, v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.26625 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus declaring the action of the second respondent in seizing the petitioner's lorry bearing No.AP 27 Y 2539 as illegal and arbitrary.

2. Heard the learned counsel for the petitioner and the learned Government Pleader for Mines and Geology (A.P).

3. A perusal of the record reveals that on 22.7.2016, the second respondent seized petitioner's lorry bearing No.AP 27 Y 2539 on the ground that Silica Sand mineral was being transported in the lorry from Nellore to Bengaluru without valid permit. The contention of the petitioner is that the driver of the petitioner's lorry had shown necessary transit forms but the same were not considered by the second respondent.

4. At the time of arguments, learned counsel for the petitioner submitted that the petitioner made a representation to the second respondent on 30.7.2016 requesting him to release the lorry. For one reason or the other, the second respondent has not disposed of the representation. The only request made by the petitioner is to direct the second respondent to dispose of his representation.

5. Having regard to the facts and circumstances of the case, the second respondent is directed to dispose of the representation of the petitioner dated 30.7.2016 in the light of G.O.Ms.No.37, Industries and Commerce (M.II) Department, dated 14.3.2016 as expeditiously as possible, preferably within a period of fifteen (15) days from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand

closed.

________________________ T.SUNIL CHOWDARY, J Date: 09.8.2016 NOTE:

Dispatch order copy by 11.8.2016.

(By order) YS