V ¥ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 14271 OF 2025 Between; 1. Burre Lakshmana Rao, S/o.Venkateswara Rao, Aged about 32 owner of Tractor and its Tractor D.No. 13-65-3, Tadikalapudi, Kollur Mandal, Bapatia District -521126. 2. Karre Chandu, S/o.Anandha Rao, aged about 24 Years, Owner of Tractor bearing Trailer, D.No.1, Near Church, Pesarlanka, Bhattiprolu, Bapatia District -522257. years. 3. Ponmala Muralikrishna, S/o. Chinna Mutyalu, aged about 45 years. Owner of Tractor and its Trailer, R/o. 2-16, Amudarlanka, Nadakuduru, Challapalli, Krishna District-521126. 4. Bussa Vijaya Lakshmi, W/o. Kalyana Rao, Aged about 36 Pedapulivarru, Bhattiprolu, Bapatia District-522256 years 5. Nadakuditi Sekharbabu, S/o.Venkateswara Rao, Aged about 49 years, owner of Tractor and its Tractor D.No.2-49, Nadakuduru Village, Challapalli Mandal, Krishna District -521126. 6. Aadina Naga Srinivasa Rao, S/o.Basava Sankara Rao Aged about 30 years, owner of Tractor and its Tractor D.No.2-128, Ramalingaswarao peta, Tenali Guntur District -522201. 7. Matlapudi Dwarayya S/o.Sumell, Aged about 53 years, owner of Tractor and its Tractor D.No.4-37, Harijana Nizampatnam Guntur District -522262. wada, Kuchinapudi, ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary , and Geology Department. Secretariat Buildings, Velagapudi . Amaravathi, Gutur District-522237. ■ 2. ;The Tahsildar, Challapalli, Krishna District. ' 3. The Station House Officer, Challapalli Police Station Mines Krishna 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 be pleased to issue may an appropriate order or direction more particularly in the nature of Writ of Mandamus one declaring the action of the 3rd seizing the Tractor bearing No.AP07TG6985 and its Trailer NO.AP07TG6986 of the 1st Petitioner, Tractor bearing its Trailer No.AP39BZ5101 Respondent in NO.AP39AY2780 and of the 2nd Petitioner, Tractor bearing the 3rd Petitioner, Tractor bearing NO.AP39TH9875 of the 4th Petitioner, NO.AP39WB6659 and its Trailer of NO.AP39UR9499 and its Trailer Tractor bearing No.AP39WD9366 and its Trailer of the 5th Petitioner Tractor bearing No.AP39UP1947 and its Trailer of the 6th Petitioner, Tractor bearing No.AP07TM0307 and its Trailer No.AP07TH7660 of the 7th Petitioner in connection with FIR No. 170 of 2025 without following the procedure known to the law under APMMC Rules, 1966 as illegal, irregular, arbitrary and contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental under Articles 14, 21 and 19(1)(g) rights guaranteed of the Constitution of India consequently direct the respondents to release the above the Petitioners forthwith in the interest of justice. and said vehicles of lA NO: 1 OF Petition under Section 151 CPC stated in the affidavit filed i pleased to direct the praying that in the circumstances in support of the petition, the High Court may be respondents to release the Tractor bearing ■j0 NO.AP07TG6985 and its Trailer No.AP07TG6986 of the 1st Petitioner, Tractor bearing No.AP39AY2780 and its Trailer No.AP39BZ5101 of the 2nd Petitioner, Tractor bearing No.AP39WB6659 and its Trailer of the 3rd Petitioner, Tractor bearing No.AP39UR9499 and its Trailer NO.AP39TH9875 of the 4th Petitioner, Tractor bearing NO.AP39WD9366 and its Trailer of the 5th Petitioner, Tractor bearing NO.AP39UP1947 and its Trailer of the 6th Petitioner, Tractor bearing NO.AP07TM0307 and its Trailer NO.AP07TH7660 of the 7th Petitioner pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner: SRI. Counsel for the Petitioner: SRI. B JAVA PRABHAKARA RAO Counsel for the Respondent No. 1: GP FOR MINES AND GEOLOGY Counsel for the Respondent No. 2: GP FOR REVENUE Counsel for the Respondent No. 3: GP FOR HOME The Court made the following order: i APHC010282932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 14271 of 2025 Between: Burre Lakshmana Rao and others ...Petitioners AND The State of Andhra Pradesh and others Counsel for the Petitioners: Counsel for the Respondents: The Court made the following order: The writ petition is filed challenging the action of the 3'^ respondent in seizing the Tractor bearing No.AP 07 TG 6985 and its Trailer No.AP 07 TG 6986 of the 1®‘ Petitioner, Tractor bearing No.AP 39 AY 2780 and its Trailer No.AP 39 BZ 5101 of the 2"'^ Petitioner, Tractor bearing No.AP 39 WB 6659 and its Trailer of the 3'"'^ Petitioner, Tractor bearing No.AP 39 UR 9499 and its Trailer No.AP 39 TH 9875 of the 4‘^ Petitioner, Tractor bearing No.AP 39 WD 9366 and its Trailer of the 5*^ Petitioner, Tractor bearing No.AP 39 UP 1947 and its Trailer of the 6‘^ Petitioner, Tractor bearing No.AP 07 TM 0307 and its Trailer No.AP 07 TH 7660 of the 7*'^ Petitioner in connection with FIR No.170 ...Respondents B Jaya Prabhakara Rao GP for Mines and Geology of 2025, without following the procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966. 2. Heard Sri B.Jaya Prabhakara Rao, learned counsel for the petitioners and Smt. Sudeepthi Potiuri, learned Assistant Government Pleader for Mines and Geology appearing for the respondents. With the consent of both the learned counsel, the writ petition is disposed of at the stage of admission. Learned counsel for the petitioners contends that the petitioners have been using the subject vehicles for agricultural and commercial purposes. When the vehicles were at Krishna River Ramp, Amudarlanka Village, Challapalli Mandal, the 3'^^ respondent herein has seized the vehicles alleging that the petitioners have been transporting sand without valid documents. 3. Learned counsel for the petitioner submits that the 3'"' respondent has illegally seized the vehicles of the petitioners and registered FIR No. 170 of 2025 under Section 303(2) Bharatiya Nyaya Sanhita, 2023, 27 Andhra Pradesh Water, Land and Trees Act, 2002. Hence, he prays the Court to direct the respondents to release the vehicles. In support of his contentions, the learned counsel for the petitioners relies on a decision of this Court in 4. 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(lll)(Q)(i) of the said G.O.Ms.No.43 Industries and Commerce (Mines-lll), 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; Second Time (In Rs.) First Time (In Rs.) Vehicle Type Tractor Rs. 10,001/- to 20,000/- Upto 10,000/- Lorry fitted with upto 10 tires capacity Lorry fitted with above 10 tires Rs.25,001/- to 50,000/- Upto 25,000/- 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.5213 of 2025, dated 03.03.2025 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 levy of penalty, and on payment of such penalty, the seized vehicles shall be released by the 3'^'^ respondent on producing of the receipt of such payment and ownership documents of the vehicles to the satisfaction of the 3'^^ respondent. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- K TATA RAO DEPUTY REGISTR^ ^T^fToFFICER //TRUE COPY// SE To 1. The Principal Secretary, Mines and Geology Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Gutur District-522237. 2. The Tahsildar, Challapalli, Krishna District. 3. The Station House Officer, Challapalli Police Station, Krishna District. 4. One CC to Sri. B Jaya Prabhakara Rao Advocate [OPUC] psf^wo CCs to GP for Mines and Geology, High Court Of Andhra Pradesh. [OUT] 6. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 7. Two CCs to GP for Home. High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies GSC "V r- > HIGH COURT DATED: 17/06/2025 ORDER WP.No.14271 of 2025 OF ANoTyJ^ T?' 18 JUN 2125 3 DISPOSING THE WP WITHOUT COSTS