IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.13408 of 2010 Between: B.Seetha Ram Swamy … Petitioner And The Assistant Director of Mines and geology and another … Respondents This Court made the following: HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.13408 of 2010 1. This writ petition is filed by B.Seetha Ram Swamy with a prayer to issue writ or order or direction more particularly one in the nature of Mandamus declaring the action of respondents in seizing the vehicle bearing no.AP 16TX 0081, without following the due procedure, as illegal, arbitrary and violative of Articles 19 and 21 of the Constitution of India. 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader representing the learned Government Pleader for Mines and Geology representing the 1st respondent. 3. The petitioner is owner of the vehicle bearing No.AP 16TX 0081. The vehicle came to be seized on 09.06.2010 on the ground that the driver of the vehicle failed to produce the transit bill. It is contended by the learned counsel appearing for the petitioner that the petitioner prepared to pay the penalty of Rs.10,000/- as provided under Rule 9(x)(b) of A.P.Minor Mineral Concession Rules, 1966. Further submission has made that, in a similar circumstance, this Court in W.P.No.8135 of 2010 in B.Subrahmanyam v. The Assistant Director of Mines an Geology and another, by order dated 13.04.2010, ordered for release of the seized vehicle therein, subject to the petitioner therein producing official receipt showing penalty amount along with ownership documents. The factual aspect that this petition is similarly situated as that of the petition in the above-referred writ petition is not contradicted. 4. Learned counsel appearing for the petitioner submits that the petitioner is prepared to pay the penalty of Rs.10,000/-. 5. In view of the same, the writ petition is disposed of with a direction to the respondents to release the lorry bearing No. AP 16TX 0081 to the petitioner subject to producing official receipt showing the payment of penalty along with other ownership document. No order as to costs. _________________________ B.SESHASAYANA REDDY, J 15th June 2010 lmv