HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.32849 of 2011 Date: December 20, 2011 Between: 1. P. Madilety Reddy & another … Petitioners and 1. The Assistant Director of Mines and Geology, Banaganapalli, Kurnool District & 2 others. … Respondents * * * HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.32849 of 2011 O R D E R: Heard learned counsel for the petitioners and learned Government Pleader representing the Assistant Director of Mines and Geology. 2. It is alleged that petitioners’ vehicles bearing Nos.AP 21X 4167 and AP 21X 4919 were seized on 01.12.2011 during the checks by the first respondent when it was found carrying Napa Slabs (Lime Stone Slabs) with duplicate and forged royalty way bills and permits. It is alleged that a complaint against the quarry owner has already been lodged and the vehicles, which were seized are in the custody of the second respondent. The petitioners now seek release of the vehicles on the ground that the petitioners being only transporters and the seizure of vehicles is causing serious prejudice to the petitioners as they are no way responsible for the alleged offence of forgery. 3. Keeping in view the petitioners’ vehicles are under custody of respondents 1 and 2 since 01.12.2011 and in order to ensure as transporters the petitioners are not put to prejudice, the writ petition is disposed of directing release of the aforesaid vehicles to the respective petitioners subject to petitioners depositing normal seigniorage fee payable with respect to the mineral seized. The Assistant Director of Mines and Geology shall assess the amount of seigniorage fee recoverable as above and subject to further enquiry and investigation, the vehicles of the petitioners as above, be released on payment of the amount so determined by the Assistant Director of Mines and Geology. The petitioners shall also file an undertaking before the Assistant Director of Mines and Geology to produce the vehicles as and when required for the purpose of further enquiry or investigation and shall not alienate the vehicles or create any third party interest pending completion of enquiry. The Assistant Director of Mines and Geology shall conduct enquiry with respect to allegations against quarry owner and role, if any, played by the petitioners in the said alleged offence and the release of the vehicles herein shall be subject to further orders that would be passed by the respondents in the enquiry aforesaid. There shall be no order as to costs. ___________________________ VILAS V. AFZULPURKAR, J Date: December 20, 2011. Note: Issue C.C. by tomorrow. //B.O.// BSB