THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 27015 OF 2011 O R D E R : This Writ Petition has been instituted for declaring the action of the respondents in seizing the TATA Hitachi company proclainer bearing Model No. Ex 70 – 2007 (chain model) belonging to the petitioner, without following any procedure, as illegal. Heard the learned counsel for the petitioner and the learned Government Pleaders for Mines and Geology, Revenue and Home for the respondents respectively. The learned counsel appearing on either side have pointed out that in similar circumstances, dealing with Writ Petition No. 31223 of 2010, this Court passed an order on 10.12.2010 disposing of the said Writ Petition with a direction to the respondents to release the truck involved in that case subject to the petitioner producing the official receipt showing payment of penalty amount as provided for under the Andhra Pradesh Minor Mineral Concession Rules, 1966 (for short, ‘the Rules’), along with ownership documents. The learned counsel for the petitioner submits that the petitioner is willing to pay the penalty, as provided for under the Rules and he is also willing to produce the ownership documents of the vehicle and hence, he seeks release of the proclainer. Subject to the writ petitioner paying the penalty amount of Rs.25,000/- (Rupees twenty five thousand only) and producing copy of the Registration Certificate of the proclainer in question, and furnishing an undertaking to the Station House Officer, Chandarlapadu Police Station as well as the Assistant Director of Mines & Geology, Vijayawada, Krishna District that the offending motor vehicle (proclainer) will not be allowed to be used for illegal transportation of sand henceforth and that the vehicle in question will not be alienated, the respondents are directed to release the same to the petitioner immediately. The Writ Petition stands disposed of with this order. No costs. ---------------------------------------------- (NOOTY RAMAMOHANA RAO, J) 29th September 2011 ksld