::^ARAVATIX IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) f. ‘ yCM FRIDAY ,THE NINTH DAY OF MAY v/ TWO THOUSAND AND TWENTY FIVE X JIT CO no ■i PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 12833 OF 2025 Between: v/ Sri Sitamahalalakshmi Constructions, Rep. by owner Challa Saritha, W/o. Venkata Rami Reddy Age 45 years, R/o.D.No. 1-5, Nallapadu Rural, Nallapadu, Guntur, Guntur District. ...PETITIONER AND The State Of Andhra Pradesh, rep. by its Principal Secretary, Mines Industries and Commerce Department Secretariat, Amravati, Guntur District The District Mines and Geology Officer, Narasaraope^^Palnadu 1. 2. District 3. The Tahsildar, Macherla Mandal Macherla, Palnadu District 4. The Station House Officer, Nagarjunasagar Police Station Nagarjunasagar, 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 actio^f the 4th respondent in seizing the Tipper Lorry bearing No. AP 39 UK 2628 belongs to the petitioner without following the procedure known to law as illegal, irregular. ultra-virus, 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. r 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"1jK 2628 belongs to the petitioner pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner(s): SRI. GH 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 DEPARTMENT The Court made the following: ORDER l!- APHC010249692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 12833/2025 Between: ...PETITIONER Sri Sitamahalalakshmi Constructions AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.CH SRI NAGA MEENA KUMARI Counsel for the Respondent(S): 1.GP FOR HOME 2.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 UK 2628 belonging to the petitioner, in connection with FIR No.23 of 2025, without following the procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966. 2 2. Heard Smt. C.H. Sri Naga Meena Kumari, learned counsel for the petitioner and learned Government Pleader for Mines appearing for the respondents. With the consent of both the writ petition is disposed of at the stage of admission. and Geology parties, the 3. Learned counsel for the petitioner contends that the been using the subject vehicle for petitioner has commercial purposes. On 29.04.2025, the 4"'respondent 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*^^ illegally seized the vehicle of the petitioner and 2025 under Sections 303(2) of Bharatiya Nyaya Sanhita, 2023 respondent has registered FIR No.233 of and 21(1) of the Mines and Minerals (Development And Regulation) Act, 1957. 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 on a decision of this Court in W.P.No.7929 of 2025, and 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 as follows; 08.07.2024, reads V 3 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.) Rs. 10,001/- to 20,000/- Tractor Upto 10,000/- 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 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.7929 of 2025, dated 26.03.2025 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 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 4 and ownership documents of the vehicles respondent. There shall be no order as to costs. As a sequel, miscellaneous applications pending stand closed. to the satisfaction of the 4'*^ if any, shall also RAO assistant registrar //TRUE COPY/i SECTION OFFICER To. The Principal Secretary, Mines, IndustVi^ and Commerce Department Secretariat, Amravati, Guntur District 1. 2. The District Mines and Geology Officer, Narasara^pet, Palnadu District 3. The Tahsildar, Macherla Mandal Ma^rla, Palnadu District 4. The Station House Officer, Nagarjunasa'p^ Police Station Nagarjunasagar, Palnadu District. 5. One GO to Sri. CH SRI Naga Meena Kumari Advocate [OPUC]^ 6. TwoCCsto GP For Mines And Geology ,High Court Of Andhra Pradesh. [OUT] ^ 7. TwoCCsto GP For Revenue ,Higffcourt Of Andhra Pradesh. [OUT] 8. Two CCs to GP For Home ,Highl:ourt Of Andhra Pradesh. [OUT] 9, Three CD Copies AL A HIGH COURT DATED:09/05/2025 ORDER WP.No.12833of2025 5 2 I MAy 2026 \ ^ * Current oeciion . X^SSPATCWtO*-^ DISPOSING OF THE W.P. WITHOUT COSTS