THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.8915 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 Tractor bearing No.AP31 AV 6381 and Trailer bearing No.AP31 Y 8876 on 24.03.2011. A perusal of letter, dated 24.03.2011, addressed by the first respondent – Assistant Director of Mines and Geology, Anakapalli, Visakhapatnam, to the second respondent – Station House Officer, Makavarapalem Police Station, Makavarapalem, Visakhapatnam, reveals that Tractor bearing No.AP31 AV 6381 and Trailer bearing No.AP31 Y 8876 were found to be transporting sand illegally. When the matter was taken up on 01.04.2011 and 06.04.2011, it was adjourned to enable the learned Assistant Government Pleader for Mines and Geology appearing for the respondents to obtain instructions. When the matter is taken up today, on instructions, it is submitted by the learned Assistant Government Pleader for Mines and Geology appearing for the respondents that Tractor bearing No.AP31 AV 6381 and Trailer bearing No.AP31 Y 8876 were seized earlier also for similar offence. It is also submitted that Tractor bearing No.AP31 AV 6381 and Trailer bearing No.AP31 Y 8876 are in the custody of the second respondent. A perusal of Rule 9-X(b) of the Andhra Pradesh Minor Mineral Concession Rules, 1966 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. As it is stated by the learned Assistant Government Pleader for Mines and Geology appearing for the respondents that Tractor bearing No.AP31 AV 6381 and Trailer bearing No.AP31 Y 8876 were seized earlier also, I deem it appropriate to direct the respondents to release Tractor bearing No.AP31 AV 6381 and Trailer bearing No.AP31 Y 8876 to the petitioner on his depositing Rs.25,000/- (Rupees Twenty Five Thousand only) before the first respondent, within a period of two (2) weeks from today. Such deposit made by the petitioner will be subject to final orders to be passed by the competent authority under the Rules. Subject to the above directions, the writ petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 7th APRIL, 2011. kvni