IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 4130 of 2008 Between: 1. Sri Somashekar Reddy, S/o.Aswatha Reddy, R/o.7/1, Rukmini Nagar, Nagasandra (P), Bangalore; 2 P.Srinivasa Reddy, S/o.Venkatarami Reddy, R/o.2-29, Honnampalli (P),Parigi Mandal, Ananthapur District, A.P., ..... PETITIONERS AND 1 The Deputy Director of Mines and Geology, Anantapur, Anantapur District. 2 The Assistant Director of Mines and Geology, (Vigiliance) Gooty, Anantapur District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue writ, order or direction more particularly one in the nature of Writ of Mandamus under Article 226 of the Constitution of India declaring the action of the 2nd Respondent in seizing the vehicles bearing No.AP 21 T 4875 and AP 02 V 3520 of the petitioners on 22-12- 2007 vide Notice No.03/Vq. Gooty/07, dated 4-2-2008 without following any procedure under the statutes as illegal, arbitrary and violation of Article 19, 21 of Constitution of India and violation of principles of natural justice. Consequently direct the Respondents to release the vehicles from the custody of the 2nd Respondent and pass Counsel for the Petitioner:MR.P.NARASIMHULU Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY The Court made the following : THE HONOURABLE SRI JUSTICE P.S.NARAYANA W.P.NO. 4130 of 2008 ORDER: 1. Heard the counsel. 2. This writ petition is filed to issue a writ of Mandamus declaring the action of the 2nd respondent in seizing the vehicles bearing No.AP21-T 4875 and AP 02 V 3520 of the petitioners on 22-12-2007 vide Notice No.03/Vq.Gooty/07 dt.4-2-2008 without following any procedure under the statues as illegal arbitrary and violative of Article 19,21 of Constitution of India and violation of principles of natural justice, consequently direct the respondents to release the vehicles from the custody of the 2nd respondent and pass such other suitable orders. 3. In the facts and circumstances of the case, the respondents are directed to release the vehicles in question on condition of collecting penalty of Rs. 10,000/- (Rupees ten thousand only) and in addition thereto in accordance with Rule 9X (b) of A.P.Minor Mineral Concession Rules, 1966 and G.O.Ms.84, dated 21-4-2007 and also on further condition of producing the vehicles in question as and when required and not to further transfer the vehicles in question. 4. The writ petition is disposed of accordingly. No order as to costs. ______________________ Justice P.S.Narayana. 28th February, 2008 Note C.C. tomorrow B/o KM THE HONOURABLE SRI JUSTICE P.S.NARAYANA W.P.NO. 4130 of 2008 28th February, 2008