THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.23162 of 2011 Dated 17th August, 2011 Between: M.China Raju Naidu …Petitioner And The Station House Officer, Anakapalli Rural Police Station, Visakhapatnam District and another …Respondents Counsel for the petitioner: Sri K.Srinivasa Prasad Counsel for respondent No.1: AGP for Home Counsel for respondent No.2: AGP for Mines & Geology 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 registration No.AP 31Y 6377, as illegal and arbitrary. I have heard Sri K.Srinivasa Prasad, learned counsel for the petitioner, and the learned Assistant Government Pleader for Mines and Geology representing respondent No.2. The above-mentioned lorry belonging to the petitioner is seized by respondent No.1 and handed over to respondent No.2 on the ground that it was found transporting sand without transit way bill. A perusal of letter, dated 12.08.2011, addressed by respondent No.1 to respondent No.2, a copy of which is filed, shows that on 12.08.2011 at 0100 hrs, lorry bearing registration No.AP 31Y 6377 was intercepted at Rebaka junction and it was found transporting sand with full load and kept at Anakapalle Rural Police Station for safe custody. Respondent No.1, therefore, requested respondent No.2 to visit the police station and inform him of further action to be taken. 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 registration No.AP 31Y 6377 to the petitioner, subject to his producing official receipts showing payment of the penalty amount along with the ownership documents. As a sequel to disposal of the writ petition, W.P.M.P.No.28348 of 2011 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 17th August, 2011 VGB