IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7741 OF Between: 1. Nadakuditi Sekhar Babu, S/o.Venkateswara Rao , Aged about 49 years owner of Tractor and its Tractor D.No.2-49, Nadakuduru Village Bhattiprole Mandal, Bapatia District-521126. 2. Ambati Prasad, S/o.Sambaiah, aged about 55 bearing Trailer, D.No.20-2-17, Itikampadu District -522124. years. Owner of Tractor Road, Ponnuru, Guntur 3. Kasukurthy Usharani, W/o. Srinivasa Rao, aged about 44 years. Owner of Tractor and its Trailer, R/o. 3/145 Bapatia District -522256. Addepalli Rural, Bhattiprolru ...PETITIONERS AND 1 The State of AP, Rep. by its Principal Secretary, Mines and Geology Departnnent Secretariat Buiidings, Velagapudi. Amaravatbi, Gutur District-522237. 2. The Tahsildar, Bhattiprole, Bapatia District. 3. The Station House Officer, Bhattiprole Police Station Bapatia District ...RESPONDENTS Petition under Article 226 of the Constitution that in the circumstances stated i Court may be pleased to i* of India is filed praying in the affidavit filed therewith, the High issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus the Respondent in declaring the action of seizing the Tractor bearing T/R. No. T03325AP7597R its Trailer of the Petitioner, Tractor bearing No.AP39Y8879 AP29TZ1126 of 2nd Petitioner. Tractor bearing Trailer No.AP07TE6654 of the 3rd Petitioner i and its Trailer No. NO.AP07TE6620 and its m connection with FIR No.46 of 2025 without following the procedure known Rules, 1966 to the law under APMMC 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 of the Constitution of India and 14, 21 and 19(1)(gj consequently direct the respondents to release the above said vehicies of the Petitioners forthwith justice. in the interest of lA NO: 1 OF 709/^ Petition under Section 151 CPC is filed praying that in the Circumstances stated in the affidavit filed i Court may be pleased to direct the bearing T/R. No. T03325AP7597R its Trailer bearing No.AP39Y8879 and its Trailer No. Tractor bearing No.AP07TE6620 and its Trailer Petitioner pending disposal of the above justice. m support of the petition, the High respondents to release the Tractor of the 1st Petitioner, Tractor AP29TZ1126 of 2nd Petitioner,' NO.AP07TE6654 of the 3rd writ petition in the interest of Counsel for the Petitioners: 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 APHC010152182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7741 of 2025 Between: Nadakuditi Sekhar Babu and others ...Petitioners AND The State of AP and others ...Respondents Counsel for the Petitioners: B Jaya Prabhakara Rao GP for Home GP for Revenue GP for Mines and Geology Counsel for the Respondents: The Court made the following order: The writ petition is filed challenging the action of the respondent in seizing the Tractor bearing T/R No.T03325AP7597R along with Trailer belonging to the 1®* petitioner, Tractor bearing No.AP39Y8879 along with Trailer No.AP29TZ1126 belonging to 2 nd petitioner. Tractor bearing rd NO.AP07TE6620 along with Trailer No.AP07TE6654 belonging to the 3 petitioner in connection with FIR No.46 of 2025, without following the procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966. Heard Sri B.Jaya Prabhakara Rao, learned counsel for the petitioners and learned Government Pleader for Mines and Geology appearing for the 2. respondents. With the consent of both the parties, the writ petition is disposed of at the stage of admission. 3. Learned counsel for the petitioners contends that the petitioners have been using the subject vehicles for agricultural and commercial purposes. When the vehicles were at Vellaturu Village, Bhattiprole Mandal, the 3'"^ respondent herein has seized the vehicles alleging that the petitioners have been transporting sand without valid documents. Learned counsel for the petitioner submits that the 3'^^ respondent has illegally seized the vehicles of the petitioners and registered FIR No.46 of 2025 under Section 303(2) Bharatiya Nyaya Sanhita, 2023, 21(4) Mines and 4. Minerals (Development and Regulation) Act, 1957. Hence, he prays the Court to direct the respondents to release the vehicles. In support of his contentions. the learned counsel for the petitioners relies on a decision of this Court in W.P.No.5213 of 2025, prays the Court to dispose of the Writ Petition in terms of the said order. He further relies on G.O.Ms.No.43 dated 08.07.2024. The relevant clauses of Clause 6(lll)(Q)(i) 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: /. 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.) Rs.10,001/-to 20,000/- First Time (In Rs.) Vehicle Type Upto 10,000/- Tractor Lorry fitted with upto 10 tires capacity Rs.25,001/- to 50,000/- Upto 25,000/- Rs. 50,001/- to 1,00,000/- Lorry fitted with above 10 tires Upto 50,000/- Rs. 50,001/- to 1,00,000/- Upto 50,000/- Machinery Thus he argues that the authorities cannot seize the vehicle for any alleged violations, they could, at the best levy only penalties. 6. Considering the submissions of both the learned counsel and upon perusing the material on record, the Writ Petition is disposed of in terms of the order passed in W.P.No.5213 of 2025, dated 03.03.2025 directing the respondent authorities to pass appropriate orders in terms of clause 6(lll)(Q)(i), of G.O.Ms.No.43, Industries and Commerce (Mines-lll), Department, dated 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 producing of the receipt of such payment and ownership documents of the vehicles to the satisfaction of the respondent. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. SD/. K SRINIVASA RAJU ASSISTANTjREGISTRAR SE^Hm^FICER //TRUE COPY// To, I Secretary, Mines and Geology Department, Secretariat Buildings, Velagapudi, Amaravathi, Gutur District-522237. 2. The Tahsildar, Bhattiprole, Bapatia District. 3. The Station House Officer, Bhattiprole Police Station Bapatia District. 4. One CC to Sri B Jaya Prabhakara Rao, Advocate [OPUC] [OUT^^^ Geology, High Court of Andhra Pradesh. 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. Three CD Copies TF HIGH COURT DATED:25/03/2025 ORDER WP.No.7741 of 2025 2 7 MAR 2025 ^ . Curreni aeciion ^ DISPOSING OF THE W.P., WITHOUT COSTS