THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.22084 of 2011 Dated 04th August, 2011 Between: B.Srinivasa Rao …Petitioner And The Station House Officer, Yellamanchili (Traffic PS), Visakhapatnam District and another …Respondents Counsel for the petitioner: Sri M.Krishna Rao Counsel for respondent No.2: AGP for Mines & Geology The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of the respondents in seizing the tractor bearing registration No.AP 16BJ 4882 and the trailer bearing registration No.AP 31Y 5749, as illegal and arbitrary. I have heard Sri M.Krishna Rao, learned counsel for the petitioner, and the learned Assistant Government Pleader for Mines and Geology representing respondent No.2. The above-mentioned tractor and trailer belonging to the petitioner were seized by respondent No.1 and handed over to respondent No.2 on the ground that on 26.07.2011, it was found transporting sand without transit way bill. A perusal of the letter addressed by respondent No.1 to respondent No.2 shows that the tractor and the trailer were seized when they were found transporting sand without licence or permit. In his affidavit, the petitioner submitted that under Rule 9(x)(b) of the A.P.Minor Mineral Concession Rules, 1966, the penalty of Rs.5,000/- is liable to be paid, if the vehicle is found transporting sand without transit way bill. At the hearing, the learned counsel for the petitioner submitted that the petitioner is prepared to pay the penalty amount of Rs.5,000/-. In view of the same, the writ petition is disposed of with the direction to the respondents to release the tractor bearing registration No.AP 16BJ 4882 and the trailer bearing registration No.AP 31Y 5749 to the petitioner, subject to his producing official receipt showing payment of the penalty amount along with the ownership documents. As a sequel to disposal of the writ petition, W.P.M.P.No.26906 of 2010 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 04th August, 2011 VGB