IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION No.3890 of 2008 Between: 1.P.Sivanarayanappa, S/o.Sitaramappa, R/o.D.No.1-69A, Yerragunta Village, Parigi Mandal, Anantapur Dist., 2. M.Narasappa, S/o.M.Narasimhappa, R/o.Parigi Village & Mandal, Anantapur Dist., .....PETITIONERS AND 1.The Deputy Director of Mines and Geology, Anantapur, Anantapur Dist., 2.The Assistant Director of Mines and Geology, Gooty, Anantapur Dist., .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue writ, order or direction more particularly one in the nature of Writ of Mandamus under Article 226 of the Constitution of India declaring the action of the 2nd Respondent in seizing the vehicles bearing Nos.AP 02 V 4338 and AP 04 T 4559 of the Petitioners on 11-1- 2008 vide Notice No.03/Vg.Gooty/07, dt.4-2-2008 without following any procedure under the statutes as illegal, arbitrary and violation of Articles 19 and 21 of Constitution of India and violation of principles of natural justice, and consequently direct the respondent to release the vehicles from the custody of the 2nd Respondent. Counsel for the Petitioner: MR.P.NARASIMHULU Counsel for the Respondent Nos.1 and 2: GP FOR MINES AND GEOLOGY The Court made the following : THE HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.3890 of 2008 ORDER: Heard the counsel. 2. The writ petition is filed seeking a Mandamus declaring the action of the second respondent in seizing the vehicles of the petitioners bearing Nos.AP 02 V 4338 and AP 04 T 4559 on 11-1-2008, vide Notice No.03/Vg.Gooty/07, dt.4-2-2008, without following the procedure under the statutes as illegal, arbitrary and violative of Articles 19 and 21 of Constitution of India and principles of natural justice, and for a consequential direction to the respondents to release the said vehicles from the custody of the second respondent. 3. In view of the facts and circumstances, let the respondents release the vehicles in question, on condition of the petitioners paying an amount of Rs.10,000/- (Rupees ten thousand only) by way of penalty with a further condition that the petitioners shall produce the vehicles as and when required and shall not transfer the vehicles in the meanwhile. 4. The writ petition is accordingly disposed of at the stage of admission. There shall be no order as to costs. __________ 26.02.2008 Note: Furnish C.C. by 27.02.2008. (B/o) sh