THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.7891 of 2011 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology appearing for respondents. In this writ petition, petitioner has questioned the action of respondents in seizing Tractor bearing No.AP31 AR 2443 and Trailer bearing No.AP31 TW 4972, on 23.03.2011. A perusal of the letter, dated 23.03.2011, addressed by the 1st respondent–Station House Officer, Payakaraopeta Police Station, Visakhapatnam District, to the 2nd respondent–Assistant Director of Mines and Geology, Anakapalli, Visakhapatnam, reveals that Tractor bearing No.AP31 AR 2443 and Trailer bearing No.AP31 TW 4972 were seized on the ground that they were being used for transporting sand illegally. As per Rule 9-X(b) of the Andhra Pradesh Minor Mineral Concession Rules, 1966 (for short ‘the Rules’), for an offence of this nature, penalty of Rs.10,000/- is leviable. Further, there is also a provision to confiscate the seized vehicle for repeated violations. On instructions, it is submitted by the learned Assistant Government Pleader for Mines and Geology, appearing for respondents that the Tractor bearing No.AP31 AR 2443 and Trailer bearing No.AP31 TW 4972 were seized for the first time on such allegation, and hence, only penalty is leviable under the Rules. In that view of the matter, I deem it appropriate to direct the 1st respondent to release the Tractor bearing No.AP31 AR 2443 and Trailer bearing No.AP31 TW 4972 to the petitioner on his producing the receipt in token of paying penalty to the 2nd respondent, as contemplated under Rule 9-X(b) of the Rules. However, it is made clear that if the Tractor bearing No.AP31 AR 2443 and Trailer bearing No.AP31 TW 4972 are seized in future for similar offence, the same are liable for confiscation, as provided under Rule 9-X(b) of the Rules. Subject to the above directions, the writ petition is disposed of. No order as to costs. _____________________ R.SUBHASH REDDY, J 29th March 2011 N.B: Issue operative portion by ‘wire’ at party’s costs. (b/o) kvni/ajr