APHC010164382025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8505 Between: Akkala Narasimhamurthy Reddy The State of Andhra Pradesh and Counsel for the Petitioner: Counsel for the Respondents: The Court made the following order The writ petition is filed seizing the Tractor beari No.AP39VF6569 belonging to 2025, without following the procedure under the Mineral Concession Rules, 2. Heard Sri B.Jaya Prabhakara Rao, and learned Government Pleader for respondents. With the consent of both the parties, the writ petition is disposed of at the stage of admission. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8505 of 2025 Akkala Narasimhamurthy Reddy ... AND Andhra Pradesh and others ...Respondents Counsel for the Petitioner: B Jaya Prabhakara Rao Counsel for the Respondents: GP for Home GP for Revenue GP for Mines and Geology The Court made the following order: writ petition is filed challenging the action of the 3rd respondent in Tractor bearing No.AP39UW5692 along with belonging to the petitioner in connection with FIR No without following the procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966. Jaya Prabhakara Rao, learned counsel for the petitioner and learned Government Pleader for Mines and Geology appearing for the With the consent of both the parties, the writ petition is disposed admission. IN THE HIGH COURT OF ANDHRA PRADESH [3458] THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA ...Petitioner Respondents B Jaya Prabhakara Rao Geology respondent in along with Trailer petitioner in connection with FIR No.46 of Andhra Pradesh Minor learned counsel for the petitioner appearing for the With the consent of both the parties, the writ petition is disposed 3. Learned counsel for the petitioner contends that the petitioner has been using the subject vehicle for agricultural and commercial purposes. When the vehicle was at Vellaturu Village, Bhattiprole Mandal, 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.46 of 2025 under Section 303(2) Bharatiya Nyaya Sanhita, 2023, 21(4) Mines and Minerals (Development and Regulation) Act, 1957. Hence, he prays 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 vehicle 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. __________________________________ SMT JUSTICE KIRANMAYEE MANDAVA Date: 02.04.2025 BSK 07 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8505 of 2025 Date: 02.04.2025 BSK