THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.4375 of 2011 ORDER: This writ petition is filed questioning the action of the respondents in seizing Tractor bearing No.AP07 J 5520 and Trailer bearing No.AP31 TW 4594 belonging to the petitioner. The aforesaid Tractor and Trailer were seized on 17.02.2011 on the ground that transportation of sand was undertaken without any valid permit. When the matter is taken up on 23.02.2011, it was adjourned to enable the learned Government Pleader for Mines and Geology to get instructions whether seizure was reported before any Magistrate or not. Today, when the matter is taken up, it is submitted by the learned Assistant Government Pleader for Mines and Geology that even by this time, the seizure was not reported before any Magistrate and the Tractor and Trailer in question are in the custody of the respondents. As per the Andhra Pradesh Minor Mineral Concession Rules, 1966, framed under the Mines and Minerals (Regulation and Development) Act, 1957, on the allegation against the petitioner, only penalty is leviable. In the absence of reporting seizure of Tractor and Trailer in question before the Magistrate concerned and in view of the fact that penalty is leviable on the allegation against the petitioner as per the Andhra Pradesh Minor Mineral Concession Rules, 1966, the writ petition is disposed of with the direction to the respondents to release Tractor bearing No.AP07 J 5520 and Trailer bearing No.AP31 TW 4594 to the petitioner subject to his producing the official receipt showing payment of penalty amount as contemplated under the Andhra Pradesh Minor Mineral Concession Rules, 1966, framed under the Mines and Minerals (Regulation and Development) Act, 1957, along with the ownership documents. No order as to costs. ______________________ R.SUBHASH REDDY, J 25th FEBRUARY, 2011. Note: issue c.c. by tomorrow. kvni