THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.7934 of 2011 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology appearing for the respondents. In this writ petition, petitioner has questioned the action of the respondents in seizing vehicle bearing No.AP31 TT 8859 on 24.03.2011. A perusal of letter bearing No.3/Vg/VSP/2007, dated 24.03.2011, addressed by the first respondent – Assistant Director of Mines and Geology (Vigilance), Visakhapatnam, to the second respondent – Station House Officer, Chodavaram Police Station, Chodavaram, Visakhapatnam District, reveals that the vehicle in question was seized on the ground that it was found to be transporting mineral in violation of Rules 26 and 34 of the Andhra Pradesh Minor Mineral Concession Rules, 1966 (for short ‘the Rules’)/Rule 8 of the Andhra Pradesh Mineral Dealers Rules, 2000 and under Sections 4 and 21 of the Mines and Minerals (Development and Regulation) Act, 1957. When the matter was listed on 25.03.2011, it was adjourned to enable the learned Government Pleader for Mines and Geology appearing for the respondents to get instructions. Today, when the matter is taken up, on instructions, it is submitted by the learned Assistant Government Pleader for Mines and Geology appearing for the respondents that the vehicle in question was seized earlier on two occasions for similar offence and this is the third occasion. It is also submitted that the vehicle in question is in the custody of the second respondent. A perusal of Rule 9-X(b) of the Andhra Pradesh Minor Mineral Concession Rules, 1966 indicates that when the offence is of such nature, at the first instance, penalty is leviable for an amount of Rs.10,000/-. Further, there is also a provision to confiscate the seized vehicle in repeated violations. As it is stated by the learned Assistant Government Pleader for Mines and Geology appearing for the respondents that the vehicle in question was seized earlier also, I deem it appropriate to direct the respondents to release the vehicle in question to the petitioner on his depositing Rs.50,000/- (Rupees Fifty Thousand only) before the first respondent, within a period of two (2) weeks from today. Such deposit made by the petitioner will be subject to final orders to be passed by the competent authority under the Rules. Subject to the above directions, the writ petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 29th MARCH, 2011. Note: issue operative portion by ‘wire’ at party’s costs. kvni