HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.4690 of 2011 ORDER: This writ petition is filed seeking directions by way of Mandamus to declare the action of the respondents in seizing the vehicle (poclainer) of the petitioner by the respondents on 18.2.2011. It is the case of the petitioner that he made an application on 7.2.2011 for grant of quarry lease for building stone and gravel over an extent of 2.00 Hectares and in anticipation of grant of lease, he was using the vehicle for the purpose of formation of approach road to the applied area. As such, it is the case of the petitioner that there is no basis for effecting seizure of the vehicle. On instructions, it is submitted by the learned Government Pleader for Mines and Geology that the Regional Vigilance and Enforcement officials of the Mines and Geology Department made an inspection on 18.2.2011 and it was found that the petitioner was extracting gravel in Survey No. 11 of Kondamulagam Village, Ranastalam, Srikakulam, without having any quarry lease and transported the gravel of a quantity of 547 Cum. It is submitted that as the petitioner has undertaken illegal quarrying operations, the poclainer was seized on the aforesaid allegations. It is submitted that the petitioner has already removed gravel of 547 Cum., which attracts imposition of normal seigniorage fee and 10 times penalty as per the A.P. Minor Mineral Concession Rules,1966. In view of the submission made by the learned Government Pleader, it cannot be said that there is no basis for effecting seizure of the vehicle of the petitioner. As it is stated that the removal of mineral, i.e., gravel to an extent of 547 Cum., attracts levy of normal seignorage fee and penalty, the same is a matter which is required to be enquired into by the appropriate authority. However, it is to be noticed that the vehicle was seized on 18.2.2011 and further enquiry will take some more time. Hence, I deem it appropriate to dispose of the writ petition with a direction to the respondents to release the vehicle in question on condition of the petitioner depositing the normal seigniorage fee for the gravel, which was removed by the petitioner, within a period of two weeks from today. The petitioner shall give further undertaking that he will not transfer or alienate the vehicle till the enquiry is concluded and orders are communicated to the petitioner. However, the payment of seigniorage fee shall be subject to further orders to be passed by the competent authority. Subject to the above directions, the writ petition is disposed of. No costs. ______________________ R. SUBHASH REDDY,J Date: 28th February, 2011 Note: Furnish c.c. by tomorrow. B/o pnb