IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE^ TWO THOUSAND AND TWENTY FIVE ;ae O PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 15198 OF 2025 Between: 1. Jaanvi Granites, Sy.No.15/E, Plot No. Rep by its Proprietor, Dhanaraji, S/o. Suresh Rathod, Aged about 35 Years, Occ.Business, R/o. UllesugurTanda, Grama Ullesugur Tanda, Taluka Shahapur, Ullesugar, Yadgir, Karnataka. 2. Singam Ramana Reddy, S/o Singam Yusu Reddy, Aged about 54 Years, Occ; Business, D.No. 16.251, Patimeeda Palem, Bandlamudi Post, VTC, Chimakurthi PO, Prakasam District. (Owner of the Lorry bearing No. AP 27 TY1369) ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Mines and Geology Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Assistant Director of Mines and Geology, Kurnool, Kurnool District. 3. The Regional Vigilance and Enforcement Officer, Kurnool, Kurnool District. 4. The Station House Officer, Kurnool Thaluka Police station, Kurnool 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 Wit, Order or direction more particularly pne 1n, the nature of WRIT OF MANDAMUS, declaring the action of the 3 ;J' Re^ondent in seizing the Lorry bearing No. AP 27 TY 1369 of the 2^^^ petitioner along with the Granite slabs load therein belonging to the 1®* petitioner, without following any procedure known to law, as illegal, arbitrary, highhanded and against to principles of natural justice, apart from being violative of the Fundamental Rights guaranteed under Articles 14 and 19 of the Constitution of India and consequently direct the Respondents 2 to 4 to release the aforesaid vehicle along with the load of polished granite slabs from their custody in favour of the petitioners. 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 2 to 4 respondents to grant interim custody of the Lorry bearing No. AP 27 TY 1369 along with the load of granite slabs therein, to the Petitioners, pending disposal of the above Writ Petition. Counsel for the Petitioners: SRI SOMISETTY GANESH BABU Counsel for the Respondent Nos.1 & 2: SMT.SUDEEPTHI POTLURI, ASST.GP FOR MINES & GEOLOGY Counsel for the Respondent Nos.3 & 4: GP FOR HOME The Court made the following: ORDER rd APHC010303432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 15198 of 2025 Between: ...Petitioners Jaanvi Granites and others AND ...Respondents The State of Andhra Pradesh and others Somisetty Ganesh Babu GP for Home GP for Mines and Geology 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 lorry bearing No.AP 27 TY 1369 of the 2'"'^ petitioner along with the Granite slabs load therein belonging to the 1®* petitioner, without following the procedure under law. Heard Sri Somisetty Ganesh Babu, 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. 2. f 2 0 3. It is contended that the transport vehicle belonging to the 2"'^ petitioner was hired by the petitioner for transporting of granite stones/slabs to Karnataka. The said vehicle was intercepted and was seized at Kurnool Bypass Road by the 3'^^ respondent. Learned counsel for the petitioner submits that the vehicle was carrying polished granite slabs duly supported by valid transit passes and an e-way bill. However, without verifying the said documents and without issuing any notice to the petitioners, the respondents proceeded to seize the lorry. Learned counsel for the petitioner relied on a decision of this Court in W.P.No.29376 of 2022, and submits that the tax invoices, e-way bill, and transit passes clearly indicate that the material being transported was polished granite slabs. However, the respondents referring to the transit wherein the mineral is mentioned as “Black Granite”, attempt to draw a distinction between the mineral described in the transit pass and the actual mineral that was being transported. 4. passes 5. Today, when the matter is taken up for admission, Smt. Sudeepthi Potiuri, learned Assistant Government Pleader for Mines and Geology, appearing for the respondents, placed on record a copy of the written instructions received from the 2"^^ respondent, which states as follows: “Accordingly, this office requested joint commissioner (ST), Kurnool District vide this office Letter NO.460/AD/RVS- KNL/2025, dated 19.06.2025 to kindly verify the e-way bill produced by the vehicle driver (AP 27 TY 1369) and issue 3 genuinity of the bill and collect the revenue as per APGST Act, 2017, if any and inform the matter to this office so as to take further necessary action in this regard. The genuinity of the e- way bill and action taken report from the Joint Commissioner (ST), Kurnool is awaited in this regard for taking further necessary action on this matter” Having regard to the submissions made and 7. upon perusal of the material on record, the decision of this Court in W.P.No.29376 of 2022, this Court deems it appropriate to dispose of the writ petition with a direction to the respondents to verify the documents (tax invoices, e-way bill and transit passes) produced by the petitioner. After such verification, if the same is found to be in order the respondents shall pass appropriate orders in accordance with law for release of the subject vehicle and the mineral/goods that seized within one week from the date of receipt of a copy of this order, after affording a due opportunity of hearing to the petitioner. were 8. Accordingly the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/-SHAIK MOHD RAF! ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Mines & Geology Department Pradesh Secretariat, Velagapudi, Amaravati , State of Andhra Guntur District. % 2. The Assistant Director of Mines & Geology, Kurnool, Kurnool District. 3. The Regional Vigilance & Enforcement Officer, Kurnool, Kurnool District. 4. The Station House Officer, Kurnool Thaluka Police station, Kurnool District. 5. One CC to Sri Somisetty Ganesh Babu, Advocate [OPUC] 6. Two CCS to GP for Mines & Geology, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. gi if HIGHCOURT CC DATED:25/06/2025 ORDER WP.No.15198 of 2025 DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS