IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.27526 of 2009 Between: K. Srinivas … Petitioner And The Asst. Director of Mines & Geology, Visakhapatnam District & another. … Respondents Counsel for the Petitioner: None Counsel for respondent No.1: AGP for Mines & Geology The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.27526 of 2009 ORDER: This writ petition is filed for a Mandamus to declare seizure of Tractor bearing No. AP 31Y 5221 of the petitioner, as illegal. The petitioner is the owner of the abovementioned Tractor, which was seized while transporting sand on the ground that there was no valid permission for such transportation. This Court, by order dated 29.12.2009, directed release of the Tractor subject to the petitioner depositing Rs.10,000/- and also on furnishing an undertaking in writing that he will not alienate or transfer the vehicle to the third parties. At the hearing, there is no representation for the petitioner. The learned Assistant Government Pleader for Mines and Geology stated that under Rule 9(x)(c) of the A.P. Minor Mineral Concession Rules, 1966, if sand is transported through a Tractor without permit, its owner is liable to pay Rs.5,000/- as penalty and that in view of this Rule, the petitioner is liable to pay a sum of Rs.5,000/- Inasmuch as the Tractor has already been directed to be released by the abovementioned order of this Court, the writ petition is disposed of with a direction to respondent No.2 to refund the sum of Rs.5,000/-, if the petitioner has complied with the abovementioned order by depositing Rs.10,000/-. If the petitioner has not got the Tractor released, the respondents may release the same to him as and when he pays Rs.5,000/- as penalty. As a sequel to disposal of the writ petition, WPMP.No.35853 of 2009 filed by the petitioner for interim relief is disposed of as infructuous. __________________________ C.V.NAGARJUNA REDDY, J Date: 14.07.2010. ES