THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.5682 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 TU 3145 on 06.03.2011. A perusal of letter bearing No.3/Vg/VSP/2007, dated 06.03.2011, addressed by the first respondent – Assistant Director of Mines and Geology (Vigilance), Visakhapatnam, to the second respondent – Station House Officer, Anandapuram Police Station, 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. A perusal of Rule 9(x)(b) of the Rules indicates that when the offence is of such nature, penalty is leviable for an amount of Rs.10,000/-. Further, there is also a provision to confiscate the seized vehicle in repeated violations. 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 for the first time on such allegation and penalty is leviable under the Rules. In that view of the matter, I deem it appropriate to direct the second respondent to release the vehicle in question on petitioner producing the receipt in token of paying penalty to the first respondent as contemplated under Rule 9(x)(b) of the Rules. Subject to the above direction, the writ petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 8th MARCH, 2011. Note: issue operative portion by ‘wire’ at party’s costs. kvni