IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.25851 OF 2002 Between: M. Dhanalakshmi. … Petitioner AND Mandal Revenue Officer, Gannavaram Mandal, Krishna District and another. … Respondents This Court made the following: O R D E R : The petitioner filed the present case assailing the action of the respondent-authorities in detaining her Tata Hitachi Ex-200LC vehicle on 31-10-2002 at Gopavarapugudem Village, Gannavaram Mandal, Krishna District. According to the petitioner, the said vehicle was being given on lease to contractors for use in road laying works etc. At the time of seizure by the respondent-authorities, it was under lease with one P.Lakshmi Sri, a contractor. 2. This Court, by order dated 02-01-2003, directed release of the petitioner’s vehicle upon the petitioner furnishing a bank guarantee for a sum of Rs.2,00,000/- in favour of the Assistant Director, Mines and Geology, Vijayawada and also an undertaking not to do mining operations beyond the area for which the lease was granted. This Court also permitted the respondent-authorities to seize the vehicle if it was used for quarrying operations beyond the leased area. 3. The petitioner obtained custody of the vehicle after furnishing the bank guarantee as directed. 4. In his counter, the Mandal Revenue Officer, Gannavaram Mandal, Krishna District, stated that the lessee, P.Lakshmi Sri, who was granted a lease for digging gravel, commenced quarrying operations beyond the leased area and that the petitioner’s vehicle, which was being used in these operations, was accordingly seized. 5. The facts narrated supra demonstrate that the petitioner was not directly involved in the use of her vehicle in illegal quarrying operations. P.Lakshmi Sri was the lessee of the vehicle and also of the area leased out for gravel digging and she indulged in illegal quarrying operations using the leased vehicle leading to its seizure. It is now stated by the learned Assistant Government Pleader for Revenue that a penalty of Rs.1,63,800/- had been imposed and collected from P.Lakshmi Sri for her illegal quarrying operations. 6. In that view of the matter, the petitioner cannot be held liable for the said illegal operations which led to the seizure of her vehicle. Further, the authorities have already penalized the person responsible and collected the requisite penalty amount. As the petitioner had to furnish a bank guarantee to the tune of Rs.2,00,000/- for obtaining possession of her vehicle, pursuant to the orders of this Court, the said bank guarantee will now have to be released. The bank guarantee furnished by the petitioner to the Assistant Director of Mines and Geology, Vijayawada, for Rs.2,00,000/- shall accordingly stand discharged. The petitioner’s vehicle having already been released pursuant to the interim order, no further directions are required in that regard. 7. The Writ Petition is accordingly disposed of with the above directions. There shall be no order as to costs. _____________________ SANJAY KUMAR, J Date: 11-03-2011. KVS/BSB