1 APHC010270602020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17846/2020 Between: 1. KAMPERLA SRINIVASULU,, S/O.K.VENKATA SUBBAIAH AGED ABOUT 28 YEARS, R/O.30879, KOLLIMUGUNDLA KURNOOL, ANDHRA PRADESH- 518123 2. GADDAM PEDAIAH,, S/O.G.YARRANNA AGED ABOUT 43 YEARS, R/O.4/16-3, PATHAKOTA TADIPATRI, ANANTHAPUR, ANDHRA PRADESH- 515411 AND ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, (HOME DEPARTMENT)., SECRETARIAT, VELAGAPUDI, AMARAVATHI 2. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY, ONGOLE, PRAKASHAM DISTRICT, A.P 3. THE SUPERINTENDENT OF POLICE, , ONGOLE, PRAKASAM DISTRICT 4. THE STATION HOUSE OFFICER, MARTUR, ONGOLE, PRAKASHAM DISTRICT ...RESPONDENT(S): 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 a Writ, more in the nature of a Writ of Mandamus or any 2 other appropriate Writ, direction or order, declaring the action of the 4th Respondent in seizing and detaining the 1st Petitioner's Goods Carrier-HMV, EICHER Make bearing No. AP 04 TT 5263 carrying finished goods i.e. Polished Granite material despite the payment of penalty amount as directed by the 2nd Respondent, as arbitrary, without any authority, without jurisdiction, illegal and contrary to the provisions of Criminal Procedure Code, 1973, The Andhra Pradesh Minor Mineral Concession Rules, 1966, besides being violative of Petitioners rights granted under Articles 19(1) (g), 21 and 300A of the Constitution of India and consequently direct the 4th Respondent to release the 1St Petitioners Goods and Vehicle bearing No. AP 04 TT 5263 forthwith and pass IA NO: 1 OF 2020 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 4th Respondent to release the seized Goods Carrier bearing registration number AP 04 TT 5263 along with the materials and pass IA NO: 1 OF 2023 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 receive the counter copies on record by allowing the Leave Petition in the above writ petition and pass Counsel for the Petitioner(S): 1. ELEVATED AS JUDGE Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR MINES AND GEOLOGY 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17846 of 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a Writ, more in the nature of a Writ of Mandamus or any other appropriate Writ, direction or order, declaring the action of the 4th Respondent in seizing and detaining the 1st Petitioner's Goods Carrier-HMV, EICHER Make bearing No. AP 04 TT 5263 carrying finished goods i.e., Polished Granite material despite the payment of penalty amount as directed by the 2nd Respondent, as arbitrary, without any authority, without jurisdiction, illegal and contrary to the provisions of Criminal Procedure Code, 1973, The Andhra Pradesh Minor Mineral Concession Rules, 1966, besides being violative of Petitioners rights granted under Articles 19(1) (g), 21 and 300A of the Constitution of India and consequently direct the 4th Respondent to release the 1St Petitioners Goods and Vehicle bearing No. AP 04 TT 5263 forthwith and pass…” 2. Learned counsel for the petitioners would submit that no further orders are required in this matter, since the vehicle has been released by the respondent-authorities on payment of fine amount as directed by this Court. 3. Learned Assistant Government Pleader for Home is in attendance. 4. Recording the above said submission, the Writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 12.08.2025. UPS 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.17846 of 2020 Dated.12.08.2025 UPS 60