HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.22003 of 2011 Date:05.08.2011 Between: Gosala Tata Rao and two others ..... Petitioners AND The Assistant Director of Mines and Geology, Anakapalle, Visakhapatnam District and two others. .....Respondents Counsel for the Petitioners : Sri M.Krishna Rao Counsel for Respondent No.1 : AGP for Mines and Geology Counsel for Respondent No.2 : AGP for Revenue Counsel for respondent No.3 : AGP for Home The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of the respondents in seizing the tractor bearing registration No.AP 31AD 3769 and Trailer bearing registration No.AP 31Y 5356, Tractor bearing registration No.AP 31AN 0568 and Trailer bearing registration No.AP 31Y 4076 and Tractor bearing registration No.AP 05BE 0203 and Trailer bearing registration No.ADJ 2823, of the petitioners as illegal and arbitrary. I have heard Sri M.Krishna Rao, learned counsel for the petitioners, and the learned Assistant Government Pleader for Mines and Geology representing respondent No.1. The above-mentioned tractors and trailers belonging to the petitioners were seized by respondent No.2 and handed over to respondent No.3 on the ground that on 26.07.2011, they were found transporting sand without transit way bills. A perusal of the letter addressed by respondent No.2 to respondent No.1 shows that the tractors and the trailers were seized when they were found transporting sand without licence or permit. In their affidavit, the petitioners submitted that under Rule 9(x)(b) of the A.P.Minor Mineral Concession Rules, 1966, the penalty of Rs.5,000/- is liable to be paid, if the vehicle is found transporting sand without transit way bill. At the hearing, the learned counsel for the petitioners submitted that the petitioners are prepared to pay the penalty amount of Rs.5,000/- for each tractor and trailer. In view of the same, the writ petition is disposed of with the direction to the respondents to release the tractor bearing registration No.AP 31AD 3769 and Trailer bearing No.AP 31Y 5356, Tractor bearing No.AP 31N 0568 and Trailer bearing No.AP 31Y 4076 and Tractor bearing No.AP 05BE 0203 and Trailer bearing No.ADJ 2823 to the petitioners, subject to their producing official receipts showing payment of the penalty amount along with the ownership documents. As a sequel to disposal of the writ petition, W.P.M.P.No.26803 of 2011 filed by the petitioners for interim relief is disposed of as infructuous. __________________________ C.V.NAGARJUNA REDDY, J 05th August, 2011 dr