THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.5790 of 2011 ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Mines and Geology appearing for the respondents. In this writ petition, petitioners have questioned the action of the respondents in seizing Tractor bearing No.AP27 M 5990 and Trailer bearing No.AP27 M 5991 and also Tractor bearing No.AP31 BC 7739 and Trailer bearing No.AP31 U 6372, on 03.03.2011. A perusal of letter, dated 03.03.2011, addressed by the third respondent – Sub-Inspector of Police, Rambilli Police Station, Visakhapatnam, to the second respondent – Assistant Director of Mines and Geology, Visakhapatnam, reveals that the aforesaid vehicles were seized when they were transporting sand without any valid permit as required under the Andhra Pradesh Minor Mineral Concession Rules, 1966 (for short ‘the Rules’). On instructions, it is submitted by the learned Assistant Government Pleader for Mines and Geology appearing for the respondents that Tractor bearing No.AP27 M 5990 and Trailer bearing No.AP27 M 5991 were seized for such illegal transportation for the first time, and Tractor bearing No.AP31 BC 7739 and Trailer bearing No.AP31 U 6372 were seized earlier also for similar such offence. It is further submitted that criminal cases were also registered on the complaint filed by the Tahsildar, Rambilli Mandal. It is also submitted that the aforesaid vehicles were not produced before the Magistrate concerned and they are in the custody of the third respondent. It is to be noticed that though the aforesaid vehicles were seized on 03.03.2011, they were not produced before the Magistrate concerned and there is no reason for not producing the same before the Magistrate concerned till now. A perusal of Rule 9-X(b) of the Rules indicates that when the offence is of such nature, penalty is leviable for an amount of Rs.10,000/-. Further, there is also a provision to confiscate the seized vehicle in repeated violations. As it is stated by the learned Assistant Government Pleader for Mines and Geology appearing for the respondents that Tractor bearing No.AP27 M 5990 and Trailer bearing No.AP27 M 5991 were seized for the first time and Tractor bearing No.AP31 BC 7739 and Trailer bearing No.AP31 U 6372 were seized earlier also, I deem it appropriate to direct the respondents to release Tractor bearing No.AP27 M 5990 and Trailer bearing No.AP27 M 5991 to the first petitioner on his producing the receipt in token of paying penalty to the second respondent as contemplated under Rule 9-X(b) of the Rules. Further, Tractor bearing No.AP31 BC 7739 and Trailer bearing No.AP31 U 6372 shall be released to the second petitioner on his depositing Rs.25,000/- (Rupees Twenty Five Thousand only) before the second respondent within a period of two (2) weeks from today. Such deposit made by the second petitioner will be subject to final orders to be passed by the competent authority under the Rules. Subject to the above directions, the writ petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 9th MARCH, 2011. kvni