IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY. THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SA/IT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 15408 OF 2025 * 5^ Between: Gorikapudi Sravani, W/o.Mohan, aged about 42 years, R/o. 1-Amudarlanka Village, Challapalli Mandal, Krishna District -522324. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department, Secretariat Buildings Velagapudi, Amaravathi, Gutur District-522237. 2. The Tahsildar, Challapalli, Krishna District. 3. The Station House Officer. Challapalli Police Station. Krishna District. ...RESPONDENTS Petition under Article 226 of the Constitution in the circumstances stated be pleased to issue of India praying that in the affidavit filed therewith, the High Court may an appropriate order or direction more particularly the nature of Writ of Mandamus declaring the action of the 3rd one in Respondent in seizing the Tractor bearing AP39UU8854 and its Trailer of the Petitioner in connection with FIR No. 189 of 2025 without following the procedure known the law under APMMC Rules, 1966 to as illegal, irregular, arbitrary and contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14. 21 and 19(1)(g) of the Constitution respondents to release the above the interest of justice. of India and consequently direct the said vehicles of the Petitioner forthwith in lA NO: 1 OF ?n7.q Petition under Section stated in the affidavit filed in support of the writ petition, the High Court be pleased to direct the respondents to release AP39UU8854 and its Trailer writ petition in the interest of justice. 151 CPC praying that in the circumstances may the Tractor bearing of the above of the Petitioner pending disposal Counsel for the Petitioner:SRI B JAVA PRABHAKARA RAO Counsel for the Respondent No.1: GP FOR MINES AND GEOLOGY ounsel for the Respondent No.2; GP FOR REVENUE Counsel for the Respondent No.3: GP FOR HOME The Court made the following; ORDER ■ *, APHC010307572025 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: 15408 of 2025 Between: ...Petitioner Gorikapudi Sravani AND ...Respondents The State of Andhra Pradesh and others B Jaya Prabhakara Rao GP for Mines and Geology Counsel for the Petitioner: Counsel for the Respondents; GP for Home 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 39 UU 8854 and its Trailer of the Petitioner with FIR No.189 of 2025, without following the procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966. in connection Heard Sri B.Jaya Prabhakara Rao, learned counsel for the petitioner and Smt. Sudeepthi Potluri, 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. \ 3- Learned counsel for the using the subject vehicles for vehicle was at Krishna River the 3^^ petitioner contends that the agricultural and commercial petitioner has been purposes. When the Ramp, Amudarlanka Village, Challapalli Mandal, respondent herein has seized the vehicles alleging that has been transporting sand without valid documents. the petitioner 4- Learned counsel for the Illegally seized the vehicle of the petitioner submits that the 3 petitioner and respondent has registered FIR No. 189 of 2025 27 Andhra Pradesh prays the Court to direct the under Section 303(2) Bharatiya Water. Land and Trees Nyaya Sanhita, 2023 Act, 2002. Hence, he vehicles. In respondents to release the counsel for the petitioner relies support of his contentions, the learned on a decision of this Court in W.P.No.5213 of of the Writ Petition in etrms of the said order. 2025, prays the Court to dispose He further relies on G.O.Ms.No.43 dated 08.07.2024. 5- The relevant clauses Industries and Commerce as follows; of Clause 6(lll)(Q)(i) of the (Mines-lll), Department, said G.O.I\/1s.No.43 dated 08.07.2024, reads Q. Offences and Penalties: i- In case of the vehicles the prohibited structures, Bridges, Dams, etc.), transportation of engaged in illegal/ un-authorized areas (i.e., within 500 excavation in water cross drainage structures end found transporting shall be penalized as follows; meters from the Ground Railway lines and sand outside the State sand without valid Sand Way bill/invoice 3 4- Second Time (In Rs.) Rs. 10,001/- to 20,000/- First Time (In Rs.) Vehicle Type Upto 10,000/- Tractor 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/- Upto 50,000/- Machinery 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 ina the material on record, the Writ Petition is disposed of in terms of the W.P.No.5213 of 2025, dated 03.03.2025 directing the 6. perusing _ order passed in respondent authorities to pass appropriate orders in terms of clause (Mines-lll), Commerce G.O.Ms.No.43, Industries and of 6(lll)(Q)(i), Department, dated 08.07.2024, for levying penalty if any. After levy of penalty, payment of such penalty, the seized vehicle should be released by the 3'^'^ respondent on producing of the receipt of such payment and ownership vehicle to the satisfaction of the 3^'^ respondent. There shall and on documents of the be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- K. SRINIVASA RAJU assistant registrar ^CT^^OFFICER //true copy// To, Pradesh, Mines and Geology , Amaravathi, Guntur District- Principal Secretary, State of Andhra Department, Secretariat Buildings Velagapudi 1. The 522237. 2. The Tahsildar. Challapalli, Krishna District. 3. The Station House Officer 4. One CC to SRI. B JAVA PRABHAKARA RAO 5. Two CCs to GP FOR MINES AND GEOLOGY Pradesh. [OUT] 6. Two CCs to GP FOR REVENUE, Pradesh. [OUT] 7. Two CCs to GP FOR HOME 8. Three CD Copies Challapalli Police Station, Krishna District. Advccate [OPUC , High Court of Andhra High Court of Andhra High Court of Andhra Pradesh. [OUT] nm HIGH COURT DATED:25/06/2025 \ ORDER WP.No.15408 of 2025 ry • *( 2^ SEP 2025 rrentSec^ sem£ o Co DISPOSING OF THE WP WITHOUT COSTS