APHC010155682025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: Between: M/s. Vakkalagadda Vinay Kumar, The State of Andhra Pradesh and others Counsel for the Petitioner: Counsel for the Respondents: The Court made the following The writ petition is filed seizing the Vehicle bearing No.AP 07 TM 6050 of the petitioner with FIR No.86 of 2025, without following the procedure under the Pradesh Minor Mineral Concession Rules, 2. Heard Sri Chetan Ponnuru learned Assistant Government Pleader for the respondents. With the consent of both the petition is disposed of at the IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7957/2025 M/s. Vakkalagadda Vinay Kumar, ...Petitioner AND The State of Andhra Pradesh and others ...Respondents Counsel for the Petitioner: Chetan Ponnuru Counsel for the Respondents: GP for Mines and Geology The Court made the following order: writ petition is filed challenging the action of the respondents in Vehicle bearing No.AP 07 TM 6050 of the petitioner in connection without following the procedure under the Pradesh Minor Mineral Concession Rules, 1966. Chetan Ponnuru, learned counsel for the petitioner and Government Pleader for Mines and Geology appearing for With the consent of both the learned counsels at the stage of admission. IN THE HIGH COURT OF ANDHRA PRADESH [3458] THE TWENTY SEVENTH DAY OF MARCH THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA ...Petitioner ...Respondents GP for Mines and Geology challenging the action of the respondents in in connection without following the procedure under the Andhra learned counsel for the petitioner and appearing for learned counsels, the writ 3. Learned counsel for the petitioner contends that the petitioner has been using the subject vehicle for transportation purposes, the 3rd respondent herein has seized the vehicle alleging that the petitioner has been transporting sand without valid documents. 4. Learned counsel for the petitioner submits that the 3rd respondent has illegally seized the vehicle of the petitioner and registered FIR No.86 of 2025 under Sections 318(1), 303(2) read with 3(5) Bharatiya Nyaya Sanhita, 2023, 27 Andhra Pradesh Water, Land and Trees Act, 2002. Hence, he prayed the Court to direct the respondents to release the vehicle. In support of his contentions, the learned counsel for the petitioner 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. 5. The relevant clauses of Clause 6(III)(Q)(i) of the said G.O.Ms.No.43 Industries and Commerce (Mines-III), 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; 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 Upto 25,000/- Rs.25,001/- to 50,000/- Lorry fitted with above 10 tires Upto 50,000/- Rs.50,001/- to 1,00,000/- Machinery Upto 50,000/- Rs.50,001/- to 1,00,000/- 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(III)(Q)(i), of G.O.Ms.No.43, Industries and Commerce (Mines-III), Department, dated 08.07.2024, for levying penalty, if any. After levy of penalty, and on payment of such penalty, the seized vehicle shall be released by the 3rd respondent on producing of the receipt of such payment and ownership documents of the vehicles to the satisfaction of the 3rd respondent. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. __________________________________ JUSTICE KIRANMAYEE MANDAVA Date: 27.03.2025 BSK 27 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7957 of 2025 Date: 27.03.2025 BSK