HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.15008 of 2011 Date: June 07, 2011 Between: A. Venkatarama Reddy … Petitioner And 1. The Assistant Director of Mines and Geology, Palamaneru, Chittoor District & another. … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.15008 of 2011 O R D E R: This writ petition challenges the action of the respondents in seizing the petitioner’s vehicle bearing No.KA 35A 6526 on the ground that the same was transporting sand without proper documentation. 2. It is however the case of the petitioner that waybills pertaining to the consignment of sand being transported in the vehicle are available and that the seizure of the vehicle on that ground is unsustainable. 3. The learned Assistant Government Pleader for Industries and Commerce, however, disputed this averment and stated that the driver of the vehicle was not in a position to produce the waybill at the time of the seizure. 4. Rule 9 X(b) of the A.P. Minor Mineral Concession Rules, 1966, deals with the power of the competent authority to release a seized vehicle by imposing penalty subject to a minimum of Rs.10,000/-. As the dispute as to whether the petitioner’s vehicle was transporting sand with valid documentation needs to be resolved through an enquiry in accordance with the prescribed procedure and as the petitioner states that his livelihood is adversely affected owing to the continued seizure of the vehicle, there shall be a direction to the first respondent, the Assistant Director of Mines and Geology, Palamaneru, Chittoor District, to exercise powers under Rule 9 X(b) of the A.P. Minor Mineral Concession Rules,1966, and release the petitioner’s vehicle upon imposition of appropriate penalty. The same shall however be subject to the result of the enquiry aforestated. 5. The writ petition is disposed of with the above direction. No order as to costs. ___________________ SANJAY KUMAR, J Date: June 07, 2011. Note: Issue C.C. today. //B.O.// BSB