IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7929 OF 7()9fi Between: Manukonda Ravi, S/o. Arjuna Rao Age 38 years, R/o.D.No. 1-71/2, ZP High School Road, Pericherla, Medikondurti Mahdal, Guntur, Guntur District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Mines DisWcr^ Commerce Department Secretariat, Amravatl, Guntur 2. The District Mines and Geology Officer, Narasaraopet, 3. The Tahsildar, Atchampet Mandal Atchampet, Palnadu Atchampet Police Station Atchampet, Palnadu District District 4. The Station House Officer, Palnadu District. ...RESPONDENTS Petition under Article 226 of the Constitution the circumstances stated i be pleased to issue of India praying that in in the affidavit filed therewith, the High Court may an appropriate order or direction in the nature of Writ of Mandamus more particularly, one declaring the action of the 4th respondent in seizing the Tipper Lorry bearing No. AP 39 UH 1459 belongs to the petitioner without following the procedure irregular, ultra-virus. known to law as illegal, arbitrary, high-handed, malafidy, contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental right guaranteed under Article 19(g) of the Constitution of India and consequentially direct the respondents to release the above vehicle 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 grant interim custody of the Tipper Lorry bearing No. AP 39 UH 1459 belongs to the petitioner pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner: M/S. CH SRI NAGA MEENA KUMARI Counsel for the Respondent Nos. 1 & 2: GP FOR MINES AND GEOLOGY Counsel for the Respondent No.3: GP FOR REVENUE Counsel for the Respondent No.4: GP FOR HOME The Court made the following: OI^DER APHC010153352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY ,THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7929/2025 Between: Manukonda Ravi ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.CH SRI NAGAMEENA KUMARI Counsel for the Respondent(S): 1.GP FOR MINES AND GEOLOGY The Court made the following: ORDER: The writ petition is filed challenging the action of the 4‘^respondent in seizing the Tipper lorry bearing No.AP39 UH1459 belonging to the petitioner, in connection with FIR No.43 of 2025, without following the procedure under the Andhra Pradesh Minor Mineral Concession Rules 1966. 2. Heard Smt. C.H. Sri Naga Meena Kumari, learned counsel for the petitioner and learned Government Pleader for Mines and 2 Geologyappearing for the respondents. With the consent of both the parties, the writ petition is disposed of at the stage of admission. 3. Learned counsel for the petitioner contends that the petitioner has been using the subject vehicle for commercial purposes. On 16.03.2025, when the vehicle is at HP Petrol Bunk, Atchampet Village and Mandal, the 4*^espondent herein seized the vehicle alleging that the petitioner had been transporting sand without valid documents. 4. Learned counsel for the petitioner submits that the 4*'^respondent has illegally seized the vehicle of the petitioner and registered FIR No.43 of 2025 under Section 303(2) Bharatiya Nyaya Sanhita, 2023. Hence, she prays the Court to direct the respondents to release the vehicle. In support of his contentions, the learned counsel for the petitioner relies decision of this Court in W.P.No.15756 of 2024, and prays the Court to dispose of the Writ Petition in terms of the said order. He further relies G.O.I\/ls.No.43 dated 08.07.2024. on a on The relevant clauses of Clause 6(lll)(Q)(i) of the said G.O.Ms.No.43 Industries and Commerce (Mines-lll), Department, dated 08.07.2024, reads as follows: 5. 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 3 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; Vehicle Type First Time (In Rs.) Second Time (In Rs.) Tractor Upto 10,000/- Rs. 10,001/- to 20,000/- Lorry fitted with upto 10 tires capacity Lorry fitted with above 10 tires Upto 25,000/- Rs. 25,001/- to 50,000/- 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 vehicle for alleged violations, they could, at the best levy only penalties. any 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. 15756 of 2024, dated 24.07.2024 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 the levy of penalty, and on payment of such penalty, the seized vehicles shall be released by the 4*'^respondent on producing the receipt of such payment and ownership documents of the vehicles to the satisfaction of the 4*^respondent. There shall be no order as to costs. 4 As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// ^ OFFICER SB To, 'ndustries and Commerce Department Secretariat, Amravati, Guntur District 2. The District Mines and Geology Officer, Narasaraopet, Palnadu District 3. The Tahsildar, Atchampet Mandal Atchampet, Palnadu District Pafnadu* Diltri^t^^^ Omcer, Atchampet Police Station Atchampet, 5. One CC to M/s. Ch Sri Naga Meena Kumari Advocate [OPUC] Mines and.Geology, High Court of Andhra 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. 8. Two CCs to GP for Home, High Court of Andhra Pradesh. 9. Three CD Copies Pradesh. [OUT] [OUT] TF HIGH COURT DATED:26/03/2025 ORDER WP.No.7929 of 2025 ^ 0 2 APS M Current Seetion DISPOSING OF THE W.P., WITHOUT COSTS