THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.1639 of 2011 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology appearing for the respondents. As much as the Assistant Director of Mines and Geology, Kurnool, is a necessary party, he stands impleaded as respondent No.4 in the writ petition. In this writ petition, petitioner, who is the owner of vehicle bearing No.AP21 Y 5662, which is being used as a goods carriage, questions the action of the respondents in seizing her vehicle on 26.01.2011. It is the case of the petitioner that though she was not carrying any sand unauthorizedly in the vehicle in question, by making false allegations, the respondents on 26.01.2011 seized the vehicle in question without conducting any panchanama and without any check report. It is submitted by the learned counsel for the petitioner that officials of the second respondent - Director of Mines and Geology, Hyderabad, have seized five vehicles on 26.01.2011 between 11.00 p.m. and 1.00 a.m. on the ground that they were carrying sand unauthorizedly, without any permit. It is also submitted by him that one of those vehicles is the petitioner and they are kept idle in APSRTC Depot, Kurnool, for safe custody. Transportation and disposal of sand, which is the minor mineral, are governed by the Andhra Pradesh Minor Mineral Concession Rules, 1966 (for short ‘the Rules’), framed under the Andhra Pradesh Mines and Minerals (Regulation and Development) Act, 1957. It is the case of the petitioner that the vehicle in question is not carrying any sand at all. On the other hand, on written instructions, it is submitted by the learned Assistant Government Pleader for Mines and Geology appearing for the respondents that as the petitioner was loading sand unauthorizedly, the vehicle in question was seized. With regard to said aspect, it is a matter for enquiry by the competent authority, but in view of Rule 9(x) of the Rules, on such allegation, minimum penalty of Rs.10,000/- is to be levied. It is also submitted by the learned Assistant Government Pleader for Mines and Geology that no proceedings are initiated so far. As much as seizure was effected on 26.01.2011 and so far, no proceedings are initiated pursuant to such seizure and as it is stated that the vehicle in question is kept idle in APSRTC Depot, Kurnool, I deem it appropriate to direct the respondents to release the vehicle in question on depositing Rs.10,000/- (Rupees Ten Thousand only) by the petitioner before respondent No.4 - Assistant Director of Mines and Geology, Kurnool. It is made clear that it is open to the competent authority to consider the matter under Rule 26(x) of the Rules and to pass appropriate orders. The amount to be deposited by the petitioner shall be subject to final orders to be passed by the competent authority under the Rules. Subject to the above, the writ petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 2nd FEBRUARY, 2011. Note: issue c.c. tomorrow. kvni