IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 14270 OF 2025 Between: 1. Panthadi Sathi Pandu, S/o. Narasimha Murthy, aged about 28 years, Owner of boat, R/o. 6-52, Tummalapalem Village, Ibrahimpatnam, NTR District -521241. 2. K.Mallikarjuna Rao, S/o. Satyanarayana Murthy aged about 51 years. Owner of Tata Hitachi, R/o. 15-9-54, Satyavathi Nagar, RR Town Ship, Opp Kusuma Apartments, Kovvur Mandal, East Godavari District- 534350 ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department, Secretariat Buildings Velagapudi, Amaravathi, Guntur District-522237. 2. The Tahsildar, Kovvur, East Godavari District. 3. The Station House Officer, Kovvur Town Police Station, East Godavari 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 3 Petitioner, the Tata Hitachi rd St Respondent in seizing the Boat of the 1 EX200LC of the 2nd Petitioner in connection with FIR No. 160 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 «• I <rP- : tf- 4 -h vv's. -v J 'AA^' •». %> \ [•t Viojative of fundamental rights guaranteed under Articles 14, 21 and consequently direct the respondents to release the above said vehicles of the Petitioners forthwith in the interest of justice. '•9(1)(g) of the Constitution of India and ■s V- lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to release the Boat of the Petitioner, the Tata Hitachi EX200LC of the 2 St 1 nd Petitioner pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioners : 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 . 4 'X APHC010283032025 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: 14270 of 2025 Between: Panthadi Sathi Pandu 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 Boat of the 1®' petitioner, the Tata Hitachi EX200LC of the 2 ...Respondents B Jaya Prabhakara Rao GP for Mines and Geology nd petitioner in connection with FIR No.160 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. 3. Learned counsel for the petitioners contends that the petitioners have been using the subject vehicles for commercial purposes. When the vehicles were at Dandagunda Sand Reach, Kovvur Town and Mandal, East Godavari District, the 3'^'^ respondent herein has seized the vehicles alleging that the petitioners have been transporting sand without valid documents. 4. Learned counsel for the petitioner submits illegally seized the vehicles of the petitioners 2025 under Section 303(2) Bharatiya Nyaya Sanhita Minerals (Development and Regulation) Act, 1957. that the 3'"'^ respondent has and registered FIR No. 160 of 2023, 21(1) Mines and 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 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 W.P.No.7750 of 2025 said G.O.Ms.No.43 Industries and Commerce (Mines-lll), Department as follows; dated 08.07.2024, reads Q. Offences and Penalties: /. In case of the vehicles engaged in illegal/ un-authorized excavation in the prohibited areas (i.e., within 500 meters from structures, Bridges, Dams, Railway lines and cross drainage structures etc.), transportation of sand outside the State and found sand without valid Sand Way bill/invoice shall be penalized as follows; the Ground water transporting Vehicle Type First Time (In Rs.) Upto 10,000/- Second Time (In Rs.) Rs.10,001/-to 20.000/- Tractor 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. 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.7750 of 2025, dated 25.03.2025 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 6. :-1 be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- K TATA RAO DEPUTY REGISTJtAR g^^Sto^icer //TRUE COPY// SE To, Secretary, Mines and Geology Department State of Dist^ct52223r’ Buildings Velagapudi, Amaravathi, Guntur 2. The Tahsildar, Kovvur, East Godavari District. ^ Dislr^f Officer, Kovvur Town Police Station 4. One CC to Sri B Jaya Prabhakara Rao, Advocate [OPUC] Geology, High Court of Andhra Pradesh. 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. 7. Two CCs to GP for Home, High Court of Andhra Pradesh. 8. Three C.D. Copies. East Godavari [OUT] [OUT] Cnr HIGH COURT DATED:17/06/2025 ORDER WP.No.14270 of 2025 ANOT^ I 1 nUN 2025 ? DISPOSING OF THE W.P. WITHOUT COSTS