THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.8517 of 2011 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology appearing for the respondents. In this writ petition, petitioner has questioned the action of the respondents in seizing Tractor Trailer bearing No.AP31 TW 3640 on 26.03.2011. A perusal of letter, dated 26.03.2011, addressed by the first respondent – Assistant Director of Mines and Geology, Anakapalli, Visakhapatnam, to the second respondent – Station House Officer, Makavarapalem Police Station, Visakhapatnam District, reveals that Tractor Trailer bearing No.AP31 TW 3640 was seized on the ground that it was found to be transporting sand illegally. As per Rule 9-X(b) of the Andhra Pradesh Minor Mineral Concession Rules, 1966 (for short ‘the Rules’), for an offence of this nature, penalty of Rs.10,000/- is leviable. Further, there is also a provision to confiscate the seized vehicle for repeated violations. When the matter was listed on 30.03.2011, it was adjourned to enable the learned Government Pleader for Mines and Geology appearing for the respondents to get instructions. Today, when the matter is taken up, on instructions, it is submitted by the learned Assistant Government Pleader for Mines and Geology appearing for the respondents that Tractor Trailer bearing No.AP31 TW 3640 was seized for the first time on such allegation, and hence, only penalty is leviable under the Rules. In that view of the matter, I deem it appropriate to direct the second respondent to release Tractor Trailer bearing No.AP31 TW 3640 to the petitioner on his producing the receipt in token of paying penalty to the first respondent, as contemplated under Rule 9-X(b) of the Rules. However, it is made clear that if Tractor Trailer bearing No.AP31 TW 3640 is seized in future for similar offence, the same is liable for confiscation, as provided under Rule 9-X(b) of the Rules. Subject to the above directions, the writ petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 1st APRIL, 2011. Note: issue operative portion by ‘wire’ at party’s costs. kvni