IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 18242 of 2010 Dated: 3.8.2010 Between: B. Ananda .... PETITIONER AND 1 The Station House Officer, Gangavaram Police station, Palamaneru Circle, Chittoor District and others. .....RESPONDENTS The Court made the following : THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO :18242 of 2010 ORDER: The grievance of the petitioner is with regard to the seizure of his tractor and trailer bearing No. AP 04 T 4431 on 16.6.2010 by the respondents. He seeks a consequential direction to release the vehicles forthwith. The petitioner’s vehicles were apprehended on 16.6.2010 at about 11 a.m., when he was transporting small stone boulders used for laying foundation. According to him, he purchased the said material from M/s. Bharathi Stone Crushers Peddavelagathur Village, Panjani Mandal of Chittoor District. However, the respondents are said to have seized his vehicles on the ground that he was indulging in illegal transportation of the minor mineral. He complains that his vehicles have been left out, exposed to the vagaries of nature and accordingly, seeks a consequential direction to release the tractor and trailer forthwith. The learned Assistant Government Pleader for Industries and Commerce, on instructions, stated that the petitioner’s vehicles were found carrying the minor mineral without having royalty paid transit form/transit pass issued by the competent authority of the Mines and Geology Department and accordingly, they were seized by the Mines authorities and handed over to the S.H.O of Gangavaram Police station for safe custody. Rule 26 of the AP Minor Mineral Concession Rules, 1966 deals with the penalty which can be levied upon a person transporting minor minerals in contravention of the rules. The competent authority nominated in this regard by the Director of Mines & Geology, Andhra Pradesh, can impose suitable penalty upon such person in accordance with the said rule and direct the release of the vehicles seized. In that view of the matter, it is appropriate that the Assistant Director of Mines & Geology, Palamaneru, Chittoor District-2nd respondent, being the competent authority, shall exercise jurisdiction under Rule 26 of the A.P. Minor Mineral Concession Rules, 1966 and levy suitable penalty upon the petitioner in accordance therewith, if it is established after giving due opportunity to the petitioner, that the transportation of the minor mineral was in contravention of the rules. Upon collection of such penalty amount under official receipt, the tractor and trailer bearing No.AP 04 T 4431 belonging to the petitioner shall be released into his custody. This exercise shall be completed within ten (10) days from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. No order as to costs. ______________________ Justice Sanjay Kumar Dated:3.8.2010 Note: Issue CC tomorrow (B/O) Nn. THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 18242 of 2010 03.08.2010