THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.6747 of 2011 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology appearing for the respondents. In this writ petition, petitioner has questioned the action of the respondents in seizing vehicle bearing No.AP31 TU 1347 on 03.03.2011. A perusal of letter, dated –Nil-.03.2011, in Rc.No.434/2011/E addressed by the Tahsildar, Anakapalli, to the first respondent – Assistant Director of Mines and Geology, Anakapalli, reveals that the vehicle in question was transporting sand illegally. A perusal of Rule 9-X(b) of the Andhra Pradesh Minor Mineral Concession Rules, 1966 (for short ‘the Rules’) indicates that when the offence is of such nature, penalty is leviable for an amount of Rs.10,000/-. Further, there is also a provision to confiscate the seized vehicle in repeated violations. On instructions, it is submitted by the learned Assistant Government Pleader for Mines and Geology appearing for the respondents that the vehicle in question was seized for the first time on such allegation and penalty is leviable under the Rules. In that view of the matter, I deem it appropriate to direct the second respondent – Station House Officer, Anakapalli Police Station, Anakapalli, Visakhapatnam District, to release the vehicle in question on petitioner producing the receipt in token of paying penalty to the first respondent, as contemplated under Rule 9-X(b) of the Rules. However, it is made clear that in view of provision under Rule 9-X(b) of the Rules, if the vehicle is seized in future for similar offence, the same is liable for confiscation. Subject to the above directions, the writ petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 18th MARCH, 2011. Note: issue operative portion by ‘wire’ at party’s costs. kvni