IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) :: AMARAJ^S® T FRIDAY, THE TWENTY FIRST DAY OF MARCH |v TWO THOUSAND AND twenty FIV^ the honourable smt juItice^kiranmayee writ petition NO: 7162 OF 9noti MANDAVA Between: Shanf Shah, ^S/o.^Kallu^Shah Aged 37 Years Owner of Good Carrier 001, Madhya Pradesh. ’ ’ Harsol Mandsaur 458 ...Petitioner AND Vigilance SqSa°dX KurnoS®KurnoSlDi^^^^^ '■ Mines Geology Kurnool, Kurnool Dis^thct^'^ anthapur, Puttaparthi, Nandyala Kurnool) ...Respondents Petition under Article 226 ,h^ ... , Constitution of India praying that in be plIa^d^^''^* ^*^*^'* High Court may be pleased to issue a writ, order or direction more nature of writ of Mandamus particularly one in the on the part of the Goods Carrier, Engine No. Make / Model petitioner submitted all without any reasonable of principles of natural justice and declaring the acts respondents 2 and 3 in seizing the petitioners vehicle Ashok Leyland with Registration HCPZ119317 with Chassis 3718 IL BSIV/ 3718 IL No. RJ 27 GC 5436, MB1NACHD9HPCY8921 GVW42000 though the documents i.e, e Way Bill, Invoice and Road Permit cause is illegal and violative No. % consequently direct the respondents 2 3 to release the as referred by immediately in the interest of justice, i..'" - [ . lA NO: 1 OF petitioners vehicle . . - Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased to direct the respondents 2&3 to release the petitioners vehicle i.e. Goods Carrier, Ashok Leyland with Registration Engine No. HCPZ119317 with Chassis No. No. RJ 27 GC 5436, MB1NACHD9HPCY8921 Make / Model 3718 IL BSIV/ 3718 IL Gvw42000 pending disposal of the above WP in the interest of Justice. Counsel for the Petitioner: SRI T JANARDHAN Counsel for the Respondents: GP FOR MINES AND The Court made the following order: RAO GEOLOGY APHC010135392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY. THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7162/2025 Between: Sharif Shah ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.T JANARDHAN RAO Counsel for the Respondent(S): 1.GP FOR MINES AND GEOLOGY The Court made the following order: The Writ Petition is disposed of, at the stage of admission, with the ...RESPONDENT(S) consent of both the learned counsels. 2. The writ petition is filed challenging the action of the 2"^ and 3'"'^ respondents in seizing petitioner’s Vehicle Goods Carrier, Ashok Leyland bearing Registration No.RJ 27 GO 5436, (Engine No.HCPZ119317 with Chassis No.MB1NACHD9HPCY8921). 3. Heard Sri T.Janardhan Rao, learned counsel for the petitioner and Ms. Sudeepthi learned Assistant Government Pleader for Mines and Geology appearing for the respondents. It is contended that the petitioner’s goods carriage vehicle, \A/hich has the relevant permits to operate as a goods carriage vehicle is engaged by M/s. Vishnu Granites, Gingee, Villuppuram District, Tamilnadu to transport polished granite slabs to M/s. Shiva Granites, IDA, Guntakal, Andhra Pradesh. All necessary Tax invoice and e-way bills were issued by M/s. Vishnu Granites. However the respondent authorities seized the vehicle when it reached Gooty and kept the same at RTC bus stand. The petitioner prays for release of the vehicle. 4. one Learned counsel for the petitioner argues that though the vehicle was carrying goods after obtaining necessary e-way bills and tax invoices, the respondents are not justified in seizing the vehicle. Learned Assistant Government Pleader appearing for respondents argues that in terms of Rule 26 (3) (iii) A.P. Minor Mineral concession Rules, 1966, if driver or owner of the vehicle fails to produce a valid e-transit permit issued by the concerned Assistant Director of Mines and Geology, the officer in charge of the check post during interception of the vehicle may require the driver or the owner of the vehicle to pay five times the normal Seigniorage fee along with applicable levies. 5. 6. The Division Bench of this Court in the case of Naganath Vs. State of Andhra Pradesh^, observed that the rule only provides that penalty equal to market value of the mineral seized along with seignorage fee can be ordered ' 2021 (2) ALD 535 to be paid at the time of interception and no where does the rule stipulates that the vehicle carrying on the mineral should not be released. 7. Placing reliance on the above decision of the Division Bench of this Court and taking into consideration the contentions advanced by both the learned counsels, the writ petition is disposed of with the following directions: (!) The respondent authorities shall give interim custody of the vehicle Registration No. RJ 27 GC 5436 to the petitioner upon his furnishing a personal bond for Rs.2,00,000/- and producing proof in support of his ownership of the vehicle; (ii) The petitioner shall give an undertaking to produce the vehicle as and when required either by the authority concerned or Court or the Investigating Agency and also give an undertaking that he will not alienate, encumber or alter the physical features of the vehicle. 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/-G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary, Mines and Geology Department, State of Andhra Pradesh, Secretariat Bldgs, Velagapudi, Amaravati, Guntur District. 2- Dy- Director, Mines Geology Department, RVS Squad (Rastra Vigilance Squad), Kurnool, Kurnool District. 3. The Assistant Director, The Assistant Director, Mines Geology Department, (Incharge of Ananthapur, Puttaparthi, Nandyala Kurnool) Kurnool, Kurnool District. 4. One CC to Sri T Janardhan Rao, Advocate [OPUC] ^ [OUT?^^ ^ Geology, High Court of Andhra Pradesh. 6. Two CD Copies RAM HIGH COURT DATED:21/03/2025 ORDER WP.No.7162 of 2025 .S 2 5 MAR 2025 . Current Section DISPOSING OF THE WP WITHOUT COSTS