IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY , THE SIXTEENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 12937 OF 2025 3 /a Z' \o Between: Kalla Suresh, S/o Sanyasi Nayudu, Aged about 33 years, Occ. Business, 5- 52, Padmanabham Mandalam, Maddi, Visakhapatnam. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Mines and Geology Officer, Mines and Geology Department, Near Old Zilla Parishad Office, Port Area, Visakhapatnam. 3. The Station House Officer, Anandapuram police Station, Visakhapatnam 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 Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, direct the Respondents particularly the Respondent No, 3, the Station House Officer of Anandapuram Police Station, to immediately release the Petitioner's seized vehicles, namely the Tipper Lorry bearing registration No. AP 31 TE 8599 and the Tata Hitachi Super Plus "Machine with Serial Nc^ SP07-19272-2021, and declare the said seizure as illegal, arbitrary, and violative of the Petitioner's fundamental rights guaranteed under Article 19(1)(g) the fight to carry of the Constitution of India, which protects and Article 21, which safeguards process of law and on trade or business, to livelihood and due the consequently direct the No. 3, to restrain from res^ndents. particularly Respondent harassing. threatening false FIR or criminal case or coercing the Petitioner iin any manner and from registering any against the Petitioner i in connection with the alleged illegal mining or transportation activities. Additionally jA NO: 1 OF Petition under Section stated in the affidavit filed i be pleased to direct the 151 CPC praying that in the circumstances in support of the writ petition, the High Respondents Court may particularly Respondent No. 3. the Police Station, to immediately release namely the Tipper Lorry bearing registration Tata Hitachi Super Plus Machine with Serial No. Station House Officer of Anandapuram the Petitioners seized vehicles, No. AP 31 TE 8599 and the SP07-19272-2021 and restrain the Respondent threatening, or summoning the Petitioner i mining or transportation. No. 3 from harassing, in connection with the alleged illegal and from registering any FIR in relation to the seized vehicles or criminal case against the Petitioner i leave of this Hon’ble Court without obtaining prior pending disposal of this writ petition. Counsel for the Petitioner.SRI Counsel for the Respondents Counsel for the Respondent No.2: GP FOR MINES AND GEOLOGY ourt made the following; ORDER SREEMANNARAYANA VATTIKUTI No.1,3: GP FOR HOME ■<-^r APHC010258952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE SIXTEENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 12937/2025 Between: Kalla Suresh ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SREEMANNARAYANA VATTIKUTI Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR MINES AND GEOLOGY The Court made the following: TTi M-'- / 2 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 12937/2025 ORDER: The grievance of the petitioner is that his vehicles bearing number AP31TE8599 Tata Hitachi and Super Plus Machine which are used for transportation and digging the mud, were seized by the respondent neither assigning any reasons nor registered the crime by following any procedure. On the other hand, learned Assistant Government Pleader 2. submits that on 08.05.2025, the District Mines and Geology Officer (FAC), Visakhapatnam issued a show-cause notice to the petitioner calling him to show the reason why two properties should not be subjected to confiscation as they were indulged in illegal excavation and transportation of 548.1 cubic meters of gravel from Sy.Nos.62/1 and 62/2 of Boni Village, Anandapuram Mandal, Visakhapatnam District. I J 3. Learned counsel for the petitioner submits that if the vehicle is kept in police station or any other place idle exposing to the light, rain and air, no purpose would be served besides subjecting the properties for decay. Therefore, it is requested to pass an interim order releasing the vehicle to the interim custody of the petitioner subject to the petitioner depositing some amount towards security of that vehicle. 4. Learned Assistant Government Pleader submits that the appropriate authority for release of the vehicle under the Mines and Geology Rules is the District Mines and Geology Officer. f 3 5. Therefore, the petitioner is directed to submit an application to the District Mines and Geology Officer for interim custody of the vehicle subject to depositing some security to the satisfaction of the District Mines and Geology Officer and the said officer is directed to consider the application and pass appropriate orders in accordance with law, within a period of one(1) week from the date of submission of the application. 6. With the above direction, the Writ Petition is disposed of. There shall be no order a O LV.-/ OWOlO. As a sequel, interlocutory applications, if any pending, shall stand closed. / / Sd/- K J RAJA BABU //TRUE COPY// ASSISTANT^^GISTRAR KSECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Home Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Mines and Geology Officer, Mines and Geology Department, Near Old Zilla Parishad Office, Port Area, Visakhapatnam. 3. The Station House Officer, Anandapuram police Station, Visakhapatnam District. 4. One CO to SRI. SREEMANNARAYANA VATTIKUTI Advocate [OPUC] 5. Two CCs to GP FOR HOME, High Court of Andhra Pradesh. [OUT] ^ 6. Two CCs to GP FOR MINES AND GEOLOGY, High Court of Andhra Pradesh. [OUT] 7. Three C.D.Copies nm HIGH COURT VACATION COURT DATED: 16/05/2025 ORDER WP.No. 12937 of 2025 5 u may 2025 . Current section . DISPOSING OF THE WP WITHOUT COSTS