HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2510 of 2011 Date : 09.02.2011 Between : N. Demudu. …..Petitioner And The Assistant Director of Mines and Geology (Vigilance), Visakhapatnam & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2510 of 2011 ORDER : In this writ petition, the petitioner has questioned the seizure of Lorry bearing No.AP-31-TT-2319. Petitioner claims that he is the registered owner of the Lorry bearing No.AP-31-TT-2319, which is being used for transportation of goods. On 4th of February 2011, the said vehicle was seized by the respondents on the ground that it is being used for transporting the mineral without transit form and transit pass issued by the Mines and Geology Department. When the matter was listed on 07.02.2011, it was adjourned to enable the learned Government Pleader to ascertain as to whether any case of theft of mineral was registered against the petitioner or not. When the matter is taken up today, it is submitted by the learned Government Pleader that no case is registered against the petitioner and that the seized vehicle is kept in safe custody, as it was involved in illegal transportation of mineral without valid permit issued by the competent authority under the A.P. Minor Mineral Concession Rules, 1966. As per the provisions under Rule 9(x)(b) of the A.P.Minor Mineral Concession Rules, 1966, if the mineral is transported without valid permit, it amounts to unauthorized lifting and also amounts to theft of such material, but inspite of the same, it is not known as to why a case of theft of mineral is not registered against the petitioner, although the vehicle and the mineral was seized on 4th of February 2011. In that view of the matter, I deem it appropriate to dispose of the writ petition with a direction to the respondents to release the lorry bearing No.AP-31-TT- 2319 to the petitioner, subject to his producing the documents in proof of ownership and the original receipt showing payment of penalty amount as contemplated under the A.P.Minor Mineral Concession Rules, 1966, framed under the Mines and Minerals (Development and Regulation) Act, 1957. Subject to the above directions, the writ petition is disposed of. No costs. ______________________ R. SUBHASH REDDY, J 9th February 2011 Notes: 1. Issue order by wire at party’s costs. 2. A copy of this order may also be sent to the Director of Mines and Geology, A.P., Hyderabad, for issuing appropriate directions to the officers concerned, in such cases. (b/o) ajr