THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WP NO. 33909 OF 2011 Date of Judgment: 28.12.2011 Between: Y. V. Satyanarayana …Petitioner and The Assistant Director, Mines and Geology ..Respondent THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WP NO. 33909 OF 2011 ORDER: The petitioner who claims to be the owner of mini prolcain TATA Hitachi E.X. 70 is aggrieved by the seizure of the said vehicle on the allegations of unauthorised and excess excavation and transportation of gravel. It is stated that a quarry lease for gravel in Sy.No. 89/3 of Kondruprole village, Tadepalligudem Mandal, West Godari district over an extent of 4.24 acres has been granted and executed in favour of Sri Adapa Venkanna Babu. The Regional Vigilance and Enforcement Officer, Eluru, however, noticed excess and unauthorised excavation and transportation of 50711 M3 from the leased area and out side the leased area in S.No. 90/2. The proclain in question was also seized. The petitioner, who claims to be the owner of the proclain and who claims that he has nothing to do with the aforesaid alleged violations committed by the lessee under the said lease for gravel, seeks release of the seized vehicle. The learned counsel for the petitioner has relied upon various documents relating to the said vehicle and states that the petitioner being the owner of the vehicle is no way connected with the alleged violations, if any, committed by the said lessee and that he is the owner of adjacent land in S.No. 90/2 and he had no role to the excavation. However, the instructions of the learned Government Pleader for Mines and Geology show that the drivers of the prolcain stated that the vehicle belongs to the lessee and was found involved in the said excavation. Since the disputed question, as to ownership of the said vehicle as well as the role, if any, played by the said vehicle in the excavation, is required to be adjudicated, the petitioner is relegated to the respondent-Asst. Director of Mines and Geology, Eluru, West Godavari district and permitted to make a fresh application for release of the vehicle together with all necessary documents. The respondent shall consider the said application by conducting an enquiry in accordance with law and pass appropriate orders with respect to the petitioner’s vehicle as above. The writ petition is accordingly disposed of. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 28.12.2011 KR