IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.31904 of 2011 DATED:07.12.2011 BETWEEN P.RAMANA ... PETITIONER AND THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, VISAKHAPATNAM AND ANOTHER. ...RESPONDENTS The Court made the following order: THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.31904 of 2011 ORDER: Petitioner complains of seizure of his lorry bearing No.AP 31 Y 8789 on the alleged violation of the provisions of the Andhra Pradesh Minor Mineral Concession Rules, 1966 (for short ‘the Rules’) and continued seizure and detention of the vehicle is questioned in this writ petition. 2. Learned Government Pleader for Mines and Geology, on instructions, submits that the same vehicle has for the third time been involved in a similar oﬀence and as such, not entitled for release under Rule 9-X(b) of the rules, as the offence is repeated once again. 3. The proceedings of seizure, Ex.P1, shows that the vehicle in question was checked and found transmitting mineral ‘sand’ without transit forms. Rule 9-X(b) of the Rules above permits release of such seized vehicles, if involved in the oﬀence for the ﬁrst time on speciﬁed penalty. The petitioner’s vehicle is reported to be involved for the third time in a similar oﬀence and as such, the penalty as applicable to ﬁrst time oﬀenders cannot be applied to this case. However, continued detention of the vehicle is detrimental to the petitioner and is of no use to the respondents and as such, I deem it appropriate to direct the respondents to release the vehicle subject to the following conditions: 1. Petitioner shall pay penalty quantiﬁed at Rs.50,000/- (Rupees Fifty Thousand only). 2. Petitioner shall give an undertaking before the Assistant Director of Mines & Geology concerned that he shall not alienate the vehicle and that he shall produce the vehicle as and when required. 3. The Assistant Director of Mines & Geology shall conduct enquiry relating to the said seizure after calling for explanation from the petitioner and pass appropriate orders determining the penalty, if any further required to be imposed on the petitioner. Subject to the above, the writ petition is disposed of. There shall be no order as to costs. __________________________ JUSTICE VILAS V. AFZULPURKAR DATED:07.12.2011 GURC THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.31904 of 2011 DATED:07.12.2011