IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH WEDNESDAY, THE TWENTY SIXTH DAY OF MAY TWO THOUSAND AND TEN AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.12052 of 2010 Between: N.Pydi Babu ..... PETITIONER AND The Assistant Director of Mines and geology, Visakhapatnam and another .....RESPONDENTS Counsel for the Petitioner: Counsel for the Respondents: The Court made the following : HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 12052 OF 2010 ORDER: This writ petition is filed by one N.Pydi Babu with a prayer to issue writ or direction particularly in the nature of writ of mandamus declaring the action of the respondents in seizing the vehicle bearing No.AP 31Y 3528 as arbitrary and illegal. The petitioner is the owner of the vehicle bearing No.AP 31Y 3528. On 21.05.2010 Vigilance Officers of Mines and Geology Department conducted checks at Parawada Road, Visakhapatnam District and seized the vehicle on the ground that the driver failed to produce the transit way bill. Heard learned counsel appearing for the petitioner and perused the material brought on record. Learned counsel appearing for the petitioner submits that the petitioner is prepared to pay the penalty of Rs.10,000/- as per rules and therefore, seeks direction to the respondents to release the lorry on receipt of penalty. The petitioner stated in Para No.7 as follows: “ I respectfully submit that my family is fully dependent on the income of this lorry and I am willing to pay penalty as per rules but the authorities are not agreeing. The lorry was seized on 21.05.2010 till today same under custody of the 3rd respondent in Munagapaka Police Station of Visakhapatnam District and I am suffering irreparable loss and hardship.” In view of the same, the Writ Petition is disposed of with a direction to the respondents to release the lorry bearing No. AP 31Y 3528 to the petitioner subject to his producing official receipt showing payment of the penalty amount along with the ownership documents. No costs. _________________________ (B.Seshasayana Reddy, J) Date. 26.05.2010 Note: Furnish CC of order by tomorrow (B/o) Ivd/Md