IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6736 OF 2025 Between: Mulagala Sai, S/o.Nageswara Rao, aged about 27 years, Occ: Owner of Lorry R/o.1-51/2, Kotturu Tadepalligudem, West Godavari District- 534146. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department, Secretariat Buildings, Velagapudi, Amaravathi, Gutur District-522237. 2. The District Mines and Geology Officer, Eluru, Eluru District. 3. The Station House Officer, Chebrole Police Station, Eluru 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 Lorry bearing No.AP05TN1366 of the Petitioner without following the relevant procedure established by law under APMMC Rules, 1966 as illegal, irregular, arbitrary and contrary to the procedure established by law and violative of Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the said vehicle of the Petitioner forthwith in the interest of justice. ^ lA NO: 1 OF 2Q2fi 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 Lorry bearing NO.AP05TN1366 of the 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 Nos. 1&2 : GP FOR MINES AND GEOLOGY Counsel for the Respondent No. 3: GP FOR HOME The Court made the following order: APHC010132652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3458] TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6736/2025 Between: ...Petitioner Mulagala Sai AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. B Jaya Prabhakara Rao Counsel for the Respondents: 1 .GP for Mines and Geology The Court made the following order: The writ petition is filed challenging the action of the respondent in seizing the Lorry bearing No.AP 05 TN 1366 of the petitioner without following the relevant procedure established by law under APMMC Rules, 1966. ...Respondents Heard Sri B.Jaya Prabhakara Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology appearing for the respondents. With the consent of both the parties, the writ petition is disposed of at the admission stage. 2. Learned counsel for the petitioner submits that the petitioner’s vehicle seized without authority of law and in violation of the provisions of Sub- Rule (3)(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966. He further submits that a direction may be given to the respondent authorities to pass appropriate orders for the release of the vehicle, and he relies on the decision of this court passed in W.P. W.P.No.16177 of 2022 dated 17.06.2022. 3. was Learned Assistant Government Pleader for Mines and Geology appearing for the respondents would not dispute the issue being covered by 4. an earlier decision of this Court. In view of the above, the 3'“'^ respondent is directed to pass orders in terms of Sub-Rule (3)(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966 and collect the due seigniorage fee and penalty as law and release the vehicle No.AP 05 TN 1366 seized by the official respondents to the petitioner within a period of one week from the date of receipt of the copy of the order. 5. per Accordingly the writ petition is disposed of. There shall be no order as to 6. costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- V.SAVITHRI GOWRI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Mines and Geology Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Gutur District-522237. 2. The District Mines and Geology Officer, Eluru, Eluru District. The Station House Officer, Chebrole Police Station, Eluru District. 3. 4. One CC to Sri. B Jaya Prabhakara Rao Advocate [OPUC] 5. Two CCs to GP for Mines and Geology, High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies GSC HIGH COURT DATED:18/03/2025 ORDER WP.No.6736 of 2025 0 1 w* ^ . Current Section DISPOSING OF THE WP WITHOUT COSTS