HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.28858 of 2010 Date: 19th November 2010 Between : P.Jagadeeswara Rao & another. …….Petitioners And The Assistant Director of Mines and Geology (Vigilance), Visakhapatnam & another. ….Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.28858 of 2010 ORDER : Heard learned counsel for petitioners, learned Assistant Government Pleader for Mines and Geology, appearing for the 1st respondent and the learned Assistant Government Pleader for Home, appearing for the 2nd respondent. In this writ petition, the petitioners have questioned the seizure of their vehicles bearing Nos.AP 31U 9099 and AP 31 X 1375. A perusal of the letter, dated 16.11.2010, addressed by the 1st respondent-Assistant Director of Mines and Geology (Vigilance), Visakhapatnam, to the 2nd respondent-Station House Officer, K.Kotapadu Police Station, Visakhapatnam District, indicates that the above said vehicles were seized on the ground that, during inspection, they found that the said vehicles were being used for transportation of minerals without transit permit/transit pass issued by the Mines and Geology Department, and when such transportation is undertaken, penalty is leviable under Rule 9(x)(b) of the Andhra Pradesh Minor Mineral Concession Rules, 1966. It is submitted by the learned counsel for petitioner that similar matters were disposed of by this Court, directing the respondents therein to release the seized vehicles on producing proof of penalty along with ownership documents. Even the learned Assistant Government Pleaders have no objection for issuing directions to the respondents for release of vehicles on payment of penalty and also producing required ownership documents. A copy of the order, dated 14.09.2010, passed by this Court in similar circumstances in W.P.No.22899 of 2010, is placed on record. In view of the fact that the vehicles in question were seized only on the ground of non-producing transit permit/transit pass issued by the Mines and Geology Department, I deem it appropriate to direct the respondents to release the vehicles in question, in case, the petitioners pay the penalty imposed on them and also on producing the documents in proof of ownership. After paying penalty and producing the documents, the vehicles in question shall be released immediately without any further delay. Subject to the above directions, the writ petition is disposed of. No order as to costs. _____________________ R.SUBHASH REDDY, J 19th November 2010. Note: Order by wire at party’s costs. (b/o) ajr