THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.14239 of 2011 ORDER: The action of the respondents, in seizing the petitioners’ vehicles bearing Nos.AP 31 TT 5899, AP 31 TU 9899 and AP 31 Y 6359 without following the procedure prescribed under the Andhra Pradesh Minor Mineral Concession Rules, 1966 (for short ‘the Rules’), is under challenge in this Writ Petition. The petitioners seek a consequential direction to release their vehicles from the custody of the respondents. Sri K.Naveen Kumar, Learned Counsel for the petitioners, would draw the attention of this Court to Rule 9-X(b) of the Rules, whereunder the minimum penalty, for each truck carrying sand without valid permit issued by the concerned authority, must be Rs.10,000/- for each truck of ten tonnes capacity and Rs.5,000/- in respect of tractor and, the Rule further provides that, in case of repeated violations, the vehicle will be confiscated by the officer not below in rank to the Assistant Director of Mines and Geology. It is not evident from the affidavit whether the offence committed is the first one or whether the petitioners had indulged in similar offences earlier. In such circumstances, I consider it appropriate to direct the first respondent to examine the petitioners’ request for release of their vehicles, in accordance with Rule 9-X(b) of the Rules, and in case the offence is for the first time to consider their request for release of the said vehicles on payment of the penalty prescribed under the said Rules. It is made clear that, in case the petitioners or their vehicles have been found to have committed any similar offences earlier, it is open to the first respondent to confiscate the said vehicles. The entire exercise, culminating in an order being passed by the first respondent, shall be completed within a period of two weeks from the date of receipt of a copy of this order. The Writ Petition stands disposed of accordingly. However, in the circumstances, without costs. RAMESH RANGANATHAN,J Date:18.05.2011 Note:Furnish copy within three days. bo Usd/Tsy