THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.4699 OF 2010 Dated 2nd March, 2010 Between: Sri Muttuneni Ashok Babu …Petitioner And The District Collector and three others …Respondents Counsel for the petitioner: Sri A.Narasimha Rao Counsel for the respondents: AGP for Mines and Geology The Court made the following ORDER: The petitioner is the owner of lorry bearing No. AP 16 TY 3149. The said lorry was given on hire by the petitioner to the lessee under a sand lease by name Samba Siva Rao. While the lorry was deployed for carrying sand in the Eturu sand reach of Chandralapadu Mandal, Krishna District, the same was seized along with five poclainers. The said seizure has taken place on 20.11.2009 and on the same day, the Tahsildar sent a seizure report to the District Collector, Krishna District. The said seizure is questioned in this writ petition. I have heard Sri A.Narasimha Rao, learned counsel for the petitioner, and the learned Assistant Government Pleader for Mines and Geology. According to the petitioner, he has bona fide given his vehicle on hire to the authorised lessee of the sand quarry and even if the lessee has committed violation of the conditions of lease or any provisions of law, he is liable for penalties. Having heard the learned Assistant Government Pleader for Mines and Geology, I am of the view that the continued detention of the petitioner’s lorry would cause deterioration in its condition apart from causing financial loss to the petitioner. If the petitioner is able to prove in the enquiry that he has bona fide hired his lorry to the lessee, he will not be liable for any action. At any rate, the minimum penalty, prescribed for any violation under the provisions of the Andhra Pradesh Minor Mineral Concession Rules, 1966, is Rs.10,000/-. The respondents, are, therefore, directed to release the petitioner’s lorry to him subject to the petitioner depositing with respondent No.2 a sum of Rs.10,000/- (Rupees ten thousand only) in cash. The said deposit shall be subject to the result of the enquiry and final order to be passed therein. The petitioner shall not alienate or transfer the vehicle in any other manner and he shall produce the vehicle as and when the respondents require the same in connection with the enquiry. The writ petition is, accordingly, disposed of. As a sequel to disposal of main petition, WPMP No.6044 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 2nd March, 2010 vrn Note: Issue C.C. in two days