IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH O {\ TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 6160 OF 2025 Between: 1. Kesamsetti Surendra, S/o.Pamulu Aged about 34 years, owner of Tractors and its Tractors D. No. 130, Anjaneyaswamy Temple, Penumudi, Repalle Mandal, Bapatia District -522265. 2. Gandia Venkatesh Babu, S/o.Mohan Chand, aged about 32 years. Owner of Tractor bearing Trailer, D.No.2-56, Peteru, Near Bhavanarushi Temple, Ward -3, Peteru, Bapatia District -522265. 3. Tota Venkata Pavan Kalyan, S/o. Panduranga Rao, aged about 25 years. Owner of Tractor and its Trailer, R/o. 181,4th Ward, Penumudi, Repalle Mandal, Bapatia District -522265. 4. Garikipati Siva Nageswara Rao, S/o. Venkateswarlu, aged about 49 years. Owner of Tractor and its Trailer R/o. 14-35/A, Ullipalem, Nagaram mandal, Bapatia District -522265. 5. Lachhi Laxmi, W/o.Sambaiah, aged about 43 years. Owner of Tractor and Trailer, R/o. 16-27-54/1, Guni Vari Palem, 2nd Ward, Repalle, Bapatia District -522265 6. Vaka Madhu, S/o.Koteswara Rao, aged about 35 years. Owner of Tractor and Trailer, R/o. 1-160, Penumudi, Repalle Mandal, Bapatia District -522265 ^ 7. Gurram Srinivasa Rao, S/o.Tataiah, aged about 55 years. Owner of Tractor and Trailer, R/o. 5-51, Main Road Raviananthavaram, Repalle Mandal, Bapatia District -522265 8. Bhupati Veera Venkata Ramana, S/o.Ankappa, Owner of Tractor Aged about 53 years, R/o. 1-73/A, Aravapalli village, Repalle Mandal, Bapatia District - 522265. 9. Ratna Rao Allaparthi, S/o.Nagabhushanam, Owner of Trailer, Aged about 58 years, R/o.23, Kaitapalli village, Repalle Mandal, Bapatia District - 522265. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District-522237. 2. The Tahsildar, Challapalli, Krishna District. 3. The Station House Officer, Challapalli Police Station, Krishna District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in seizing the Tractor bearing No.AP07TG0992 its Trailer NO.AP07TG0993 of the T' Petitioner, Tractor bearing NO.AP07TH7957 and its Trailer No. AP07TM2196 of the 2 nd Petitioner, Tractor bearing NO.AP39US7507 and its Trailer NO.AP07TH4398 of the 3rd Petitioner, Tractor bearing NO.AP39UE7347 and its Trailer No.AP39TD0763 of the 4th Petitioner, Tractor bearing No.AP39TY6020 and its Trailer No.AP07TG4860 of 5th the Petitioner, Tractor bearing No.AP39TV3062 and its Trailer NO.AP07TG5286 of the 6th Petitioner, Tractor bearing NO.AP39UX4465 and its Trailer No.AP39VF1942 of the 7*^ Petitioner, Tractor bearing NO.AP39UT5510of the 8th Petitioner and its Trailer NO.AP07TE3787 of the 9th Petitioner in connection with FIR No.99 of 2025 without following the procedure known to the law under APMMC Rules, 1966 as illegal, irregular, arbitrary and contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the ^ove said vehicles of the Petitioners forthwith in the interest of justice. / lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release the Tractor bearing NO.AP07TG0992 its Trailer No.AP07TG0993 of the 1st Petitioner, Tractor bearing No.AP07TH7957 and its Trailer No. AP07TM2196 of the 2'"'^ Petitioner, Tractor bearing No.AP39US7507 and its Trailer NO.AP07TH4398 Of the 3rd Petitioner, Tractor bearing NO.AP39UE7347 and its Trailer NO.AP39TD0763 of the 4th Petitioner, Tractor bearing No.AP39TY6020 and its Trailer No.AP07TG4860 of the 5th Petitioner NO.AP39TV3062 and its Trailer NO.AP07TG5286 of the 6th Tractor bearing NO.AP39UX4465 and its Trailer No.AP39VF1942 of the Petitioner, Tractor bearing No.AP39UT5510 of the 8th Trailer NO.AP07TE3787 of the 9"" Petitioner pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner: SRI B JAVA PRABHAKARA RAO Counsel for the Respondent No.1: GP FOR MINES AND GEOLOGY Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondent No.3: GP FOR HOME The Court made the following order: Tractor bearing Petitioner, 7th Petitioner and its 1 APHC010122742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY ,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 6160/2025 Between: Kesamsetti Surendra and Others ...PETITIONER(S) AND The State Of Ap and Others Counsel for the Petitioner(S): 1. B JAYA PRABHAKARA RAO Counsel for the Respondent(S): 1.GP FOR HOME ...RESPONDENT(S) 2.GP FOR REVENUE 3.GP FOR MINES AND GEOLOGY The Court made the following Order: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3"'^ Respondent in seizing the Tractor bearing No.AP07TG0992 its Trailer No.AP07TG0993 of the 1'^ Petitioner, Tractor bearing No.AP07TH7957 and its Trailer NO.AP07TM2196 of the 2"^ Petitioner,^ Tractor bearing No.AP39US7507 and its Trailer No.AP07TH4398 of the 3'^'^ Petitioner, Tractor bearing No. AP39UE7347 and its Trailer No.AP39TD0763 of the 4*^ Petitioner, Tractor 2 bearing No.AP39TY6020 and its Trailer No.AP07TG4860 of 5'^ the Petitioner, Tractor bearing No.AP39TV3062 and its Trailer NO.AP07TG5286 of the 6^*' Petitioner, Tractor bearing No.AP39UX4465 and its Trailer No.AP39\/F1942 of the 7'^ Petitioner, Tractor bearing No. AP39UT5510 of the 8'^ Petitioner, and its Trailer No.AP07TE3787 of the 9"’ Petitioner in connection with FIR No.99 of 2025 without following the procedure known to the law under APMMC Rules, 1966 as illegal. Irregular, arbitrary and contrary to the procedure established by law gnd against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14, 21 and 19(l)(g) of the Constitution of India and consequently direct the respondents to release the above said vehicles of the Petitioners forthwith in the interest of Justice and )} pass.... 2. Heard both the learned counsel. Learned counsel for the petitioners contends that the petitioners have been using the subject vehicles for their agriculture and commercial purposes. When the vehicles were stationed at Krishna River Ramp, Amudarlanka Village, Challapalii Mandal, the 3'^'^ respondent herein has seized the vehicles alleging that the petitioners have been transporting sand without valid documents. 3. Learned counsel for the petitioners submits that the 3"'^ respondent has illegally seized the vehicles of the petitioners and kept them at the Police Station. Hence, he prays the Court to direct the respondents to release the 4. vehicles. In support his contention, the learned counsel for the petitioners relies on a decision of this Court in W.P.No.25191 of 2024 and in terms of the said order requests the Court to dispose of this Writ Petition. He further relied on G.O.Ms.No.43 dated 08.07.2024. 3 The relevant clauses of Clause 6(Q)(iii) of the said G.O.Ms.No.43 5. Industries and Commerce (Mines-lll), Department, dated 08.07.2024, reads as follows: Q. Offences and Penalties: I. In case of the vehicles engaged in illegal/ un authorized excavation in the prohibited areas (i.e., within 500 meters from the Ground water structures, Bridges, Dams, Railway lines, and cross drainage structures etc.), transportation of sand outside the State and found transporting sand without valid Sand Way bill /invoice shall be penalized as follows; Second Time (In Rs. First Time (In Rs.) Vehicle Type Rs.10.001/- to 20,000/- T factor Upto 10,000/- Rs.25,001/- to 50,000/- Lorry fitted with upto 10 tires capacity Lorry fitted with above 10 tires Upto 25,000/- Rs.50,001/- to 1,00,000/- Upto 50,000/- Rs. 50,001/-to 1,00,000/- Machinery Upto 50,000/- Thus he argues that the authorities cannot seize the vehicles for any alleged violations, they could, at the best levy only penalties. Considering the submissions of both the learned counsel and upon perusing the material on record, the Writ Petition is disposed of directing the respondent authorities to pass orders in terms of clause 6(lll)(Q)(i) of G.O.Ms.No.43, Industries and Commerce (Mines-lll), Department, dated 6. 4 08.07.2024, for levying penalty if any. After levy of penalty, and on payment of such penalty, the seized vehicles shall be released by the respondent on production of the receipts of such payments and ownership documents of the vehicles to the satisfaction of the Station House Officer, Challapalli Police Station, Krishna District. 7. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Mines and Geology Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District-522237. 2. The Tahsildar, Challapalli, Krishna District. 3. The Station House Officer, Challapalli Police Station, Krishna District. 4. One CC to Sri B Jaya Prabhakara Rao, Advocate [OPUC] 5. Two CCS to GP for Mines & Geology, High Court of Andhra Pradesh. [OUT] 6. Two CCS to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Two CCS to GP for Home, High Court of Andhra Pradesh. [OUT] 8. Two CD Copies RAM HIGH COURT DATED:12/03/2025 ORDER ANO/y^ .=S 12 MAR 2025 . Current Section WP.No.6160 of 2025 Si DISPOSING OF THE WP WITHOUT COSTS