THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.14956 of 2010 Dated:28th June, 2010 Between: Gavireddy Demudu Babu ….Petitioner and 1. The Asst. Director of Mines and Geology (Vigilance), Visakhapatnam & Ors. …Respondents **** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.14956 of 2010 ORDER: This Writ Petition has been filed by G.Devudu Babu with a prayer to issue a writ, order or direction, more particularly, one in the nature of writ of Mandamus declaring the action of the respondents in seizing the tractor bearing No.AP31AR 6962 without following the due procedure, as illegal, arbitrary and violative of Articles 19 and 21 of the Constitution of India. 2. The petitioner is the owner of the tractor bearing No.AP31AR 6962. The tractor came to be seized on 24.06.2010 on the ground that the driver of the tractor could not produce the transit form/transit pass issued by the department of Mines and Geology. 3. Heard learned counsel appearing for the petitioner and learned Asst. Government Pleader representing Government Pleader for Mines and Geology appearing for the respondents 1 and 2. 4. Learned counsel appearing for the petitioner submits that the petitioner is prepared to pay the penalty of Rs.10,000/- as provided under Rule 9(x)(b) of the A.P. Mines Mineral Concession Rules, 1966. A further submission has been made that, in a similar circumstance, this Court in W.P.No.8135 of 2010 in B.Subrahmanyam v. The Assistant Director of Mines and 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. 5. The factual aspect that this Writ Petition is similarly situated as that of the above referred writ petition is not contradicted by the learned Assistant Government Pleader representing the Government Pleader for Mines and Geology appearing for the respondents 1 and 2. The petitioner in para.6 of the affidavit filed in support of the Writ Petition stated that he is prepared to pay the penalty of Rs.10,000/-. 6. In view of the same, the Writ Petition is disposed of with a direction to the respondents to release the tractor bearing No.AP31AR 6962 to the petitioner, subject to his producing official receipt showing the payment of penalty along with other ownership documents. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:28th June, 2010. Note: Issue C.C. within three days. B/O cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.14956 of 2010 Dated:28th June, 2010