THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.29181 2011 Dated: 9.11.2011 Between: Posani Sri Lakshmi ..Petitioner And 1. Assistant Director of Mines and Geology (Vigilance), Guntur and another. ..Respondents. This Court made the following: THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.29181 OF 2011 ORDER The petitioner, registered owner of lorry bearing No.AP 16 TY- 4148, is alleging that the said vehicle along with two other vehicles having been found loaded with sand in the sand reach limits of Kunikinapadu, Kanchikacherla Mandal, Krishna District, were seized by the respondents. The petitioner approached this Court in W.P.No.7442 of 2011 and sought release of the vehicles and this Court permitted the 1st respondent to hold enquiry and take appropriate decision and pending enquiry, permitted release of the petitioner’s vehicle referred to above as well as other vehicles subject to deposit of Rs.10,000/- each. A condition was also imposed that pending enquiry and final decision, none of the released vehicles shall be transferred or alienated. While the petitioner obtained release in pursuance of the order aforesaid, she seeks to alienate the vehicle. But on account of condition imposed, she was unable to alienate the same. She has, therefore, filed the present writ petition complaining that enquiry with regard to seizure kept pending and no orders are being passed. On 1.11.2011, when this matter was heard, learned Government Pleader was asked to get instructions regarding completion of enquiry. Today, the learned Government Pleader has placed an order passed by the Assistant Director of Mines and Geology, dated 3.11.2011 showing that final orders have been passed in the said enquiry. As per the said final orders, so far as the petitioner’s vehicle is concerned, total penalty payable was assessed at Rs.21,500/- and after giving credit of Rs.10,000/- deposited by the petitioner, balance amount of Rs.11,500/- was held to be due and recoverable from the petitioner. Learned Counsel for the petitioner submits that the petitioner is willing to pay the said amount so that there is no liability on the said vehicle in any respect and that would also enable her to alienate the vehicle. In view of the said statement, the petitioner is at liberty to pay the balance amount of penalty by depositing the same with the 1st respondent and subject to such payment, the condition as to non- alienation would cease to operate and the petitioner shall be free to use the said vehicle as she deems it proper including the right to alienate the vehicle. The writ petition is accordingly disposed of. No order as to costs. ______________________ VILAS V. AFZULPURKAR,J Dated: 9.11.2011 Nn THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.29181 OF 2011 09.11.2011