THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.688 of 2010 DATE:22.01.2010 Between: K. Suribabu ... Petitioner and The Director of Mines & Geology, Hyderabad, and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.688 of 2010 ORDER: On verifying that the petitioner was quarrying for gravel with the help of his poclainer – Hitachi-200, in Sy.No.116 of Thadi Village, Parawada Mandal, Visakhapatnam District on 03.01.2010 and 04.01.2010, the unit officials of the Regional Vigilance and Enforcement Office, Visakhapatnam and others have conducted inspection on 04.01.2010 and seized his poclainer. In pursuance of the inspection, the 2nd respondent issued a letter No.37/V&E/2010 dated 07.01.2010 to the petitioner calling upon him to submit explanation, within 15 days from the date of receipt of the letter, as to why action should not be initiated against him for realisation of Rs.3,62,868/- towards normal seigniorage fee along with two- times penalty. The same is questioned in this writ petition. 2. Heard the learned counsel for the petitioner and the learned Government Pleaders for Mines & Geology and Revenue. 3. The learned counsel for the petitioner has submitted that the petitioner is depending on the poclainer seized by the respondent authorities and the financiers are pressing him to repay the loans taken from them for purchase of the poclainer. Therefore, he prays for release of the poclainer on furnishing bank guarantee. 4. Having considered the submissions made by the counsel on either side, this Court is of the view that this writ petition can be disposed of with a direction to the respondents to release the poclainer. 5. Accordingly, this writ petition is disposed of directing the respondents to release the poclainer seized on 04.01.2010 in favour of the petitioner, on condition of his furnishing bank guarantee to a tune of Rs.50,000/- (Rupees Fifty thousand only), within a period of two (2) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 22nd January, 2010 Note: Furnish C.C. by three days. (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.688 of 2010 (Disposed of) 22nd January, 2010 Note: Furnish C.C. by three days. (b/o) CBS