HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.8669 of 2011 Date : 01.04.2011 Between : V. Chinna Rao. …..Petitioner And The Assistant Director of Mines and Geology, Anakapalli & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.8669 of 2011 ORDER: Heard learned counsel for petitioner and the learned Assistant Government Pleader for Mines and Geology, appearing for respondents. In this writ petition, petitioner has questioned the action of respondents in seizing the Tractor bearing No.AP 31 AR 8042 and the Trailor bearing No.AP 31 U 9485, on 19.03.2011. A perusal of the letter, dated 19.03.2011, addressed by the 2nd respondent–Sub-Inspector of Police, S.Rayavaram Police Station, Visakhapatnam, to the 1st respondent–Assistant Director of Mines and Geology, Anakapally, reveals that the aforesaid vehicle was seized when the same was transporting sand without any valid permit as required under the Andhra Pradesh Minor Mineral Concession Rules, 1966 (for short ‘the Rules’). On instructions, it is submitted by the learned Assistant Government Pleader for Mines and Geology, appearing for respondents that the Tractor bearing No.AP 31 AR 8042 and the Trailor bearing No.AP 31 U 9485 were seized earlier also, for similar such offence. It is further submitted that criminal cases were also registered on the complaints filed by the Tahsildar concerned. It is also submitted that the aforesaid Tractor and Trailor were not produced before the Magistrate concerned and they are in the custody of the 2nd respondent. It is to be noticed that though the aforesaid Tractor and Trailor were seized on 19.03.2011, the same are not produced before the Magistrate concerned and there is no reason for not producing them before the Magistrate concerned till now. A perusal of Rule 9-X(b) of the Rules 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 vehicles for repeated violations. As it is stated by the learned Assistant Government Pleader for Mines and Geology appearing for the respondents that the Tractor bearing No.AP 31 AR 8042 and the Trailor bearing No.AP 31 U 9485 were seized earlier also, I deem it appropriate to direct the respondents to release the said Tractor and Trailor to the petitioner on his depositing Rs.25,000/- (Rupees Twenty Five Thousand) before the 1st respondent within a period of two (2) weeks from today. Such deposit to be made by the petitioner shall be subject to the 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 N.B: Order by wire at party’s costs. (b/o) ajr