THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.22563 of 2011 Dated 10th August, 2011 Between: N.Naidu and another …Petitioners And The Assistant Director of Mines & Geology (Vigilance), D.No.1-88-11, Sector-4, M.V.P.Colony, Visakhapatnam-17 and another …Respondents Counsel for the petitioners: Sri K.Srinivasa Prasad Counsel for respondent No.1: AGP for Mines & Geology The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of the respondents in seizing the vehicles, bearing registration Nos.AP 31Y 7929 and AP 31W 6778, as illegal and arbitrary. I have heard Sri K.Srinivasa Prasad, learned counsel for the petitioners, and the learned Assistant Government Pleader for Mines and Geology representing respondent No.1. The above-mentioned lorries belonging to the petitioners are seized by respondent No.1 and handed over to respondent No.2 on the ground that they were found transporting sand without transit way bill. A perusal of letter, dated 28.07.2011, addressed by respondent No.1 to respondent No.2, a copy of which is filed, shows that while requesting respondent No.2 to keep the seized vehicles in his custody, respondent No.1 instructed him to release the same to the owners on their producing the release orders by the former or any officer authorised by him. In his affidavit, the petitioners submitted that under Rule 9(x)(b) of the A.P.Minor Mineral Concession Rules, 1966, the penalty of Rs.10,000/- is liable to be paid, if the vehicle is found transporting sand without transit way bill. At the hearing, the learned counsel for the petitioners submitted that the petitioners are prepared to pay the penalty amount of Rs.10,000/-. In view of the same, the writ petition is disposed of with the direction to the respondents to release the lorries bearing registration Nos.AP 31Y 7929 and AP 31W 6778 to the petitioners, subject to their producing official receipts showing payment of the penalty amount along with the ownership documents. As a sequel to disposal of the writ petition, W.P.M.P.No.27568 of 2011 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 10th August, 2011 VGB