HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.2859 of 2011 Date: February 14, 2011 Between: Nageswara Rao Kollad, S/o.Chinnodu, Aged about 35 years, Occ:business, Singavaram village, Kasimkota Mandal, Krishna District … Petitioner And The Assistant Director of Mines and Geology, Anakapally, Visakhapatnam And another … Respondents Order: This writ petition is filed questioning the action of respondents in seizing lorry bearing No.AP31-TW-3337 belonging to the petitioner. When the matter came up on 11-02-2011, it was adjourned so as to enable the learned Government Pleader for Mines and Geology to obtain instructions whether seizure was reported before any Magistrate or not. Today, when the matter is taken up, it is submitted by the learned Assistant Government Pleader for Mines and Geology that even by this time, the seizure is not reported before any Magistrate and the vehicle in question is in the custody of the respondents. Unauthorized removal of mineral is nothing short of theft of valuable mineral of the State but it is not known why criminal case is not being registered by reporting the matter relating to seizure of the vehicle in question to the Magistrate. It is submitted by learned counsel for the petitioner that in similar circumstances this court disposed of W.P.No.31223 of 2010 on 10-12-2010 directing the respondents-authorities to release the seized vehicle subject to the petitioner therein producing the receipt showing payment of penalty amount along with the ownership documents. A copy of the said order is placed before this court. Learned counsel for the petitioner prays for disposal of this writ petition also with the same directions, for which learned Assistant Government Pleader for Mines and Geology reported no objection. In view of the above, the writ petition is disposed of with a direction to the respondents to release the lorry bearing No. AP31-TW-3337 to the petitioner subject to his producing the official receipts showing payment of penalty amount as contemplated under the Andhra Pradesh Minor Mineral Concession Rules, 1966, framed under the Mines and Minerals (Regulation and Development) Act, 1957 along with the ownership documents. No order as to costs. ___________________ (R. SUBHASH REDDY, J) February 14, 2011 NOTE: communicate operative portion by WIRE at party’s costs. B.O. MRR