IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.1384 of 2009 Between: D. Venkata Subbaiah S/o. Venkataiah R/o. Aakula Veedhi, Sidhout Village and Mandal, Kadapa District. ..... PETITIONER AND 1 The District Collector, Kadapa, Kadapa District. 2 The Assistant Director, Mines and Geology, Kadapa, Kadapa District. 3 The Station House Officer, China Chowk Police Station, Kadapa, Kadapa District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the action of the respondents in seizing and detaining the petitioner's Tractor bearing Registration No. AP 03 U 2587 on 20.01.2009 while transporting the ordinary sand as per the trancit form No.96563 issued by the Asst. Engineer, A.P. State Housing Corporation Limited, Siddout as illegal, arbitrary, without any basis, unconstitutional and violative of principles of natural justice, Counsel for the Petitioner: MR.NAGAM CHANDRASEKHAR REDDY Counsel for Respondents 1 & 2: GP FOR MINES AND GEOLOGY Counsel for Respondent No.3: GP FOR HOME The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.1384 OF 2009 ORDER: Heard both sides. It is the grievance of the petitioner that, on 20.01.2009, while he was transporting sand in his tractor bearing registration No. AP 03 U 2587 from Siddout to New Mallavaram Village of Kadapa District, for construction of houses under Indiramma Housing Scheme, as per the orders and transit permit issued by the Assistant Engineer of A.P. State Housing Corporation Limited, the 2nd respondent- Assistant Director of Mines and Geology, Kadapa, seized the said tractor without assigning any reason and without issuing any seizure report. The petitioner alleges that in spite of his repeated requests and his producing all the necessary documents showing that there is no illegal transportation of sand, the 2nd respondent neither released the vehicle nor furnished any details or seizure report, and that the application filed by him under Right to Information Act, requesting to furnish the seizure report, if any, issued with regard to seizure of his vehicle, has not been acted upon by the 2nd respondent. Hence, this writ petition. Learned Government Pleader for Mines and Geology, on instructions, submits that the tractor was seized since sand was being transported illegally. He, however, submits that the tractor can be released on payment of Rs.5,000/- by the petitioner towards penalty. In view of the above, the 2nd respondent- Assistant Director of Mines and Geology, Kadapa, is directed to release the tractor bearing registration No. AP 03 U 2587 in favour of the petitioner, on the petitioner furnishing bank guarantee for a sum of Rs.5,000/- (Rupees Five Thousand only), which shall be subject to further enquiry in the matter. With the above directions, the writ petition is disposed of. No order as to costs. _________________ JUSTICE C.V. RAMULU 30th January, 2009. Note:- Issue CC in three days. BO IBL