THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO :12164 of 2010 Date: 4.6.2010 Between: S. Azad ..... PETITIONER AND The Assistant Director of Mines & Geology(Vigilance) and others. .....RESPONDENTS Counsel for the Petitioner: Mr. Vamsi Krishna for Mr. T. Nagarjuna Reddy Counsel for Respondent No:1 Assistant Government Pleader for Mines and Geology Counsel for Respondent No.2: Assistant Government Pleader for Home The Court made the following : THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 12164 of 2010 ORDER: This writ petition is filed for a mandamus to declare the action of the respondents in seizing the vehicle bearing No. AP 03-U-7947 belonging to the petitioner as illegal and arbitrary. I have heard Mr. Vamsi Krishna, learned counsel representing Sri T. Nagarjuna Reddy, learned counsel for the petitioner; learned Assistant Government Pleader for Mines and Geology representing respondent No.1 and learned Assistant Government Pleader for Home representing respondent No.2. The petitioner’s lorry bearing registration number referred to above, was seized by respondent No.2 on 16.5.2010 on the ground that the vehicle which was carrying on sand did not contain transit way bill. Learned counsel for the petitioner submitted that as per G.O. Ms. No. 84, dated 21.4.2007, if a person is involved in illegal sand transportation, he is liable for a minimum penalty of Rs.10,000/- for each truck. Learned counsel states that the petitioner is prepared to pay the penalty amount of Rs.10,000/- for release of the vehicle. The learned counsel drew my attention to order dated 13.4.2010, in Writ Petition No.8135 of 2010, wherein this Court in similar circumstances, disposed of the said writ petition with the direction to the respondents therein to release the lorry, subject to his producing official receipt showing payment of penalty amount along with the ownership documents. Having regard to the facts and circumstances, the writ petition is disposed of with the direction to respondent No.2 to release the seized lorry to the petitioner subject to his showing proof of payment of Rs.10,000/- to the Department of Mines and Geology and ownership documents relating to the lorry in question. As a sequel to disposal of main writ petition, W.P.M.P. No. 15332 of 2010, filed by the petitioner for interim relief is disposed of as infructuous. No costs. __________________________ C.V. NAGARJUNA REDDY,J DATE: 4th June, 2010 pnb