IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT: THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.15076 of 2010 Between: P.V. Sheshu Babu ... PETITIONER a n d The Assistant Director of Mines and Geology (Vigilance), Visakhapatnam and others … RESPONDENTS ORDER: This writ petition has been filed by P.V. Sheshu Babu with a prayer to issue an order, writ or direction more particularly in the nature of writ of Mandamus declaring the action of the respondents in seizing the vehicle bearing No.AP 31X 7691 without following the due procedure as illegal, arbitrary and violation of Articles 19 and 21 of the Constitution of India. 2. Heard the learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents 1 and 2. 3. The petitioner is the owner of the lorry bearing No.AP 31X 7691. The lorry came to seized on 25-06-2010 by the Vigilance Officers of Mines and Geology Department, Visakhapatnam district on the ground that the driver failed to produce the transit form/transit pass. It is contended by the learned counsel for the petitioner that the petitioner is prepared to pay the penalty of Rs.10,000/- (Rupees ten thousand only) as provided under Rule 9(x)(b) of the Andhra Pradesh Minor Mineral Concession Rules, 1966. Further submission has made that, in similar circumstances, this Court in W.P.No.8135 of 2010 in B. Subrahmanyam v. The Assistant Director of Mines and Geology and another, by order dated 13-04-2010, ordered for release of the seized vehicle therein, subject to the petitioner therein producing official receipt showing penalty amount along with ownership documents. The factual aspect that this petition is similarly situated as that of the petition in the above-referred writ petition is not contradicted. 4. The petitioner stated in paragraph No.7 of the affidavit filed in support of the writ petition that he is willing to pay the penalty as per the rules. 5. In that view of the matter, the writ petition is disposed of with a direction to the respondents to release the lorry bearing No.AP 31X 7691 to the petitioner subject to producing official receipt showing the payment of penalty of Rs.10,000/- along with other ownership document. There shall be no order as to costs. ___________________________ B. SESHASAYANA REDDY, J June 29, 2010. Note: Furnish CC in three (3) days. B/o.PN THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.15076 of 2010 June 29, 2010 Note: Furnish CC in three (3) days. B/o.PN