IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI ^^' (Special Original Jurisdiction) Hr iO TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 10348 OF 2025 Between: 1. Gayatri Minerals, proprietor Potti Bhaskar, S/o. Potti Sree Rama Chandra Rad,Age 47 years. Door no.534/2a, 3a, 0pp., Z.P.High School Kadavakuduru village, Chinnaganjam Mandal, Bapatia District. 2. Gudivada Srujani, W/o.Brahmaiah, Age 39 years, Occ: Owner of the lorry R/o. D.No. 1-26, Neelayapalem, Pedaganjam, Village, Chinnaganjam Mandal, Occ: owner of Lorry No.AP 39UG2299. 3. Gudivada Brahmaiah, S/o. Anjaneyulu, Age 46 years, Occ: Driver of the Lorry, R/o. D.No. 1-26, Neelayapalem, Pedaganjam Village, Chinnaganjafn Mandal. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its PrI., Secretary, Home Department, Secretariat, Amaravati, Guntur District. 2. The Station House Officer, Dachepalli P.S., Dachepalli Mandal, Palnadu District. 3. The District Mines and Geology Officer, Dachepalli, Palnadu District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of the 2 Respondent in seizing the and of the Petitioners Lorry No.- AP39UG2299 along with 36 M.Ts of Silica Sand at Pondugula Boarder Check Post, Pondugula Village, Dachepalli Mandal, Palnadu Dist., in connection with F.I.R.No. 69 of 2025 dt., 15.04.2025 as illegal, arbitrary and nd Respondent herein to release the AP39UG2299 along with Silica Sand forthwith. consequentially direct the 2nd - , fttitioners Vehicle No lA NO: 1 OF 2025 under Section 151 CPC praying that in the circumstances Petition the affidavit filed in support of the writ petition, the High Court Respondent herein to release the stated in may Petitioner's Lorry bearing No. AP39UG2299 along with 36 M.Ts Silica Sand which was seized by the 2"“ Respondent in connection with F.I.R.No. dt.15.04.2025, forthwith pending disposal of the Writ petition. nd be pleased to direct the 2 69 of 2025, Counsel for the Petitioners : Mrs. POPURi LAKSHMI PRIYANVITA Counsel for the Respondent Nos.1 & 2 : GP FOR HOME Counsel for the Respondent No.3 : GP FOR MINES & GEOLOGY The Court made the following: ORDER APHC010206572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 10348/2025 Between: ...Petitioners Gayatri Minerals and others AND ...Respondents The State of Andhra Pradesh and others Popuri Lakshmi Priyanvita GP for Home GP for Mines and Geology Counsel for the Petitioners: Counsel for the Respondents: The Court made the following order: The writ petition is filed challenging the action of the 2"^ respondent in seizing the Lorry bearing No.AP 39 UG 2299 along with 36 M.Ts of Silica Sand belonging to the petitioners in connection with FIR No.69 of 2025 dated 15.04.2025, without following the procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966. Heard Ms. Popuri Lakshmi Priyanvita, learned counsel for the petitioners, learned Assistant Government Pleader for Home and learned Assistant Government Pleader for Mines and Geology appearing for the respondents. With the consent of both the parties, the writ petition is disposed 2. of at the stage of admission. 3. Learned counsel for the petitioner submits that the petitioner’s vehicle was seized without authority of law and in violation of the provisions of Sub- Rule (3)(ii) of Rule 26 of the Andhra Pradesh Minor Mineral Rules, 1966. She further submits that respondent authorities to Concession a direction may be given to the pass appropriate orders for the release of the vehicle, and she relies on the decision of this court passed in W.P.No.21415 of 2024 dated 26.09.2024. 4. Learned Assistant Government Pleader for Mines and Geology appearing for the respondents would not dispute the issue being covered by an earlier decision of this Court. 5. In view of the above, the 3^^ respondent is directed to pass orders i terms of Rule 26(3)(ii) of the Andhra Pradesh Minor Mineral Rules, 1966 and verify the records and collect the due penalty as per law and release the 36 M.Ts of Silica Sand vehicle No.AP 39 UG 2299 seized by the official respondents in Concession seigniorage fee and and the seized to the petitioner within a period of one week from the date of receipt of the copy of the order. 6. Accordingly the writ petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// N OFFICER SEC To, Department, State of Andhra Secretariat, Amaravati, Guntur District. ^ Dislr^f Officer, Dachepalli P.S., Dachepalli Mandal Pradesh Palnadu 3. The District Mines and Geology Officer, Dachepalli, Palnadu District. 4. One CC to Mrs. Popuri Lakshmi Priyanvita, Advocate [OPUC] 5. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 6. Two CCs to GP for Mines & Geology, High Court of Andhra Pradesh. [OUT] 7. Three C.D. Copies. Cnr / HIGH COURT DATED:22/04/2025 ORDER WP.No.10348 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS