THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.8135 OF 2010 Dated 13th April, 2010 Between: B.Subrahmanyam …Petitioner And The Assistant Director of Mines and Geology, Anakapalle, Visakapatnam District and another. …Respondents Counsel for the petitioner : Sri K.Naveen Kumar Counsel for respondent No.1: AGP for Mines and Geology Counsel for respondent No.2: AGP for Home The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to declare the action of the respondents, in seizing the vehicle bearing No.AP 31 TW 1133, as illegal and arbitrary. I have heard Sri K.Naveen Kumar, learned Counsel for the petitioner, and the learned Assistant Government Pleader for Mines and Geology representing respondent No.1. The above-mentioned lorry belonging to the petitioner was seized by respondent No.1 and handed over to respondent No.2 on the ground that on 02-04- 2010, it was found transporting sand from Krishna river without transit way bill. A perusal of letter, dated 02-04-2010, addressed by respondent No.1 to respondent No.2, a copy of which is filed, shows that while requesting respondent No.2 to keep the seized vehicle in his custody, respondent No.1 instructed him to release the same to the owner on his producing the official receipt evincing payment of penalty. In his affidavit, the petitioner submitted that under Rule 9 (x) (b) of the A.P.Minor Mineral Concession Rules, 1966, the penalty of Rs.10,000/- is liable to be paid, if the vehicle is found transporting sand without transit way bill. At the hearing, the learned Counsel for the petitioner submitted that the petitioner is prepared to pay the penalty amount of Rs.10,000/-. In view of the same, the Writ Petition is disposed of with the direction to the respondents to release the lorry bearing No.AP 31 TW 1133 to the petitioner subject to his producing official receipt showing payment of the penalty amount along with the ownership documents. As a sequel to disposal of main petition, WPMP No.10466 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 13th April, 2010 lur