IN THE HIGH COURT OF ANdHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO thousand and twenty five present THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT petition NO: 7750 OF 2025 Between: 1. V Seetha Ramanjaneyulu, S/o. Ranga Rao aged about 49 years, Owner of Van, R/o. 17-111/2, Ferry, Ibrahimpatnam, NTR District-521456 . 2. Nandigam Raja Rao, S/o. Gamaniyelu, aged about 35 years. Owner of Tata Hitachi, R/o. 1-28, Peesapadu, Krosuru Mandal, Guntur District - 521301. 3. Nadakuditi Hari Krishna, S/o. Rama Rao, aged about 41 years. Owner of boat, R/o. 18-1, RTC Colony, Ibrahimpatnam, NTR District-521456. ...Petitioners AND 1. The Stale of AP, Rep. by its Principal Secretary, Mines and Geology Department, Secretariat Buildings Velagapudi, Amaravathi, Guntur District-522237. 2. The Tahsildar, Tallapudi, East Godavari District. 3. The Station House Officer, Tallapudi Police Station, East Godavari District. ...Respondents praying that in the circumstances stated in the affidavit fliep therewith, the High Court may be pleased to issue an appropriate order or direction in the nature of Writ of Mandamus declaring Petition under Article 226 of the Constitution of India more particularly one the action of the 3rd Respondent in seizing the Van bearing No. AP39WA2678 of the 1st Petitioner, the Tata Hitachi 200LC of the 2nd Petitioner and Jai Durgabhavani named Boat of the 3RD Petitioner in connection with FIR No.51 of 2025 without following the procedure known to the law under '^PMMC 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 above 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 Van bearing No. AP39WA2678 of the 1st Petitioner, the Tata Hitachi 200LC of the 2nd Petitioner and Jai Durgabhavani named Boat of the 3rd 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: PIP w APHC010152252025 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: 7750 of 2025 Between: V Seetha Ramanjaneyulu 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 S""* respondent in seizing the Van bearing No.AP 39 WA 2678 belonging to the 1®‘ petitioner, the Tata Hitachi Vehicle 200LC belonging to the 2"'^ petitioner and a boat by name Jai Durgabhavani belonging to the petitioner in connection with FIR No.51 of 2025, without following the procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966. 2. Heard Sri B.Jaya Prabhakara Rao, learned counsel for the petitioners and learned 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 stage of admission. 3. Learned counsel for the petitioners contends that the petitioners have been using the subject vehicles for commercial purposes. When the vehicles were at Vegeswarapuram Village, Tallapudi Mandal, East Godavari District, 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.51 of 2025 under Section 303(2) read with 3(5) Bharatiya Nyaya Sanhita, 2023, 23(C)(1) Mines and 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 4. 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. 5. 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: 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.) Vehicle Type First Time (In Rs.) Rs.10,001/-to 20,000/- Tractor UptoJ0,000/- 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/- Machinery Upto 50,000/- 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 3"'^ respondent on producing of the receipt of such payment and ownership documents of the vehicles to the satisfaction of the 3'^^ respondent. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. SDI- K SRINIVASA RAJU ASSISTANT iREGISTRAR //TRUE COPY// SECrnON OFFICER To, 1. The Principal Secretary, Mines and Geology Department, State of AP, Secretariat Buildings Velagapudi, Amaravathi, Guntur District-522237. 2. The Tahsildar, Tallapudi, East Godavari District. 3. The Station House Officer, Tallapudi Police Station, East Godavari District. 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. 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 GSC li HIGH COURT DATED:25/03/2025 ORDER WP.No.7750 of 2025 fS 2 7 MAR 2025 .9: Current ueclion . ^ DISPOSING OF THE WP WITHOUT COSTS