THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.29664 of 2009 Dated:29.11.2009 Between: A.Seshadri Reddy. .. Petitioner. And The Govt. of Andhra Pradesh, Rep. by its Principal Secretary, Department of Mines and Geology, Secretariat, Hyderabad, and another. .. Respondents. ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader for Mines & Geology appearing for the respondents. According to the petitioner, on 11.11.2010, his lorry bearing Registration No.KA1-40/3533 was engaged to transport sand to Madanapalle, for which he got valid permit. While so, when the said lorry reached near Barlapalle village of Madanapalle Mandal, Chittoor District, the Sub-Inspector of Police, Taluk Police Station, Madanapalle, seized his vehicle on the night of 11.11.2010, on the allegation of illegal transportation of sand to Karnataka. It is the case of the petitioner that the respondents, without following the provisions of Rule 9(x) of A.P. Minor Mineral Concession Rules, 1966 (for short ‘the Rules’) and Section 21 of Mines and Minerals (Development & Regulation) Act, 1957, seized his vehicle and kept in the premises of Taluk Police Station, Madanapalle, and thereafter issued show cause notice dated 18.11.2010, calling for his explanation as to why action should not be taken against him, for confiscation of his vehicle. It is the grievance of the petitioner that though he has not committed any violation as alleged against him and that there is no provision for confiscation of the vehicle as per Rule 9-X of the Rules, the respondents are not releasing the same. Hence, this writ petition is filed seeking appropriate relief. In the facts and circumstances of the case, without expressing any opinion on merits, the respondents are directed to release the lorry bearing registration No.KA-04-3533 to the petitioner, subject to his depositing a sum of Rs.10,000/- (Rupees ten thousand only) and furnishing an undertaking to the effect that he will not alienate or create any third party encumbrance on the said lorry, during the pendency of the enquiry. However, the amounts so deposited shall be subject to the result of the enquiry pending against the petitioner. With the above directions, the writ petition is disposed of. No order as to costs. _____________ C.V.RAMULU,J 29.11.2009 v v