\ APHC010319662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 16275 OF 207.*; Between: Bandaru Chandra Sekhar,, S/o. Pullaiah, Aged about 50 years, Rayala cheruvu Village, Yadiki Mandal, Ananthapuramu District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department, Secretariat Buildings, Velagapudi, Guntur District-522237. 2. The Divisional Mines and Geology Officer, Tadipatri, Ananthapuramu District. Andhra Praesh. 3. The Assistant Director, Mines and Geology Officer, Regional Vigilance Squad, Kurnool and Anantapuram District, Kurnool 4. The Depot Manager. APSRTC Depot, Gooti District, Andhra Pradesh. Andhra Pradesh. Town, Ananthapuramu ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith pleased to issue a writ, order ^ of Writ of Mandamus under Article 226 the action of the 3rd respondent i the High Court may be or direction more particularly one in the nature of the Constitution of India declaring seizing the Lorry Vehicle bearing No. AP in 02 TH 2544 of the petitioner without following contemplated under law any procedure under statutes as illegal, arbitrary, highhandness and against to the 19, 21 of the Constitution of and 4‘^ respondents to release the principles of natural justice and violation of Article India and consequently direct the 2 nd vehicle from their custody. >A NO: 1 OF 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 grant interim direction directing the respondents to release the vehicle bearing No. AP 02 TH 2544 to the Petitioner, petition. Counsel for the Petitioner: SRI CH Counsel for the Respondent Nos. Counsel for the Respondent No.4; pending disposal of the above writ VENKATA CHALLA RAO 1 to 3: GP FOR MINES AND GEOLOGY SRI ARAVALA RAMA RAO, SC FOR APSRTC The Court made the following order: I APHC010319662025 Flliim COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 16275/2025 Between; 1.BANDARU CHANDRA SEKHAR,, S/0. PULLAIAH, AGED ABOUT 50 YEARS, RAYALA CHERUVU VILLAGE YADIKI MANDAL, ANDHRA PRADESH. ANANTHAPURAMU DISTRICT, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS MINES AND GEOLOGY BUILDINGS, PRINCIPAL SECRETARY, DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT-522237. SECRETARIAT 2.THE DIVISIONAL MINES AND GEOLOGY OFFICER, TADIPATRI, ANANTHAPURAMU DISTRICT. PRAESH. 3.THE ASSISTANT DIRECTOR, MINES AND GEOLOGY OFFICER, REGIONAL VIGILANCE SQUAD, AND ANANTAPURAM DISTRICT, KURNOOL. ANDHRA PRADESH. 4.THE DEPOT MANAGER, APSRTC DEPOT, GOOTI TOWN, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH. ANDHRA KURNOOL ...RESPONDENT{S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the -uam nielli! 2 High Court may be pleased tomay be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in seizing the Lorry Vehicle bearing No. AP 02 TH 2544 of the petitioner without following any procedure under statutes contemplated under law as illegal, arbitrary, highhandness and against to the principles of natural justice and violation of Article 19, 21 of the Constitution of India and consequently direct the 2nd and 4th respondents to release the vehicle from their custody and pass lA NO: 1 OF 2025 under Article 226 of the Constitution of India 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 may be pleased to grant interim direction directing the respondents to release the vehicle bearing No. AP 02 TH 2544 to the Petitioner, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1 .CH VENKATA CHALLA RAO Counsel for the Respondent(S): 1.GP FOR MINES AND GEOLOGY 3 ORDER: The present Writ Petition is filed questioning the action of the 3^^ respondent in seizing the lorry bearing registration No.AP 02TH2544 belonging to the petitioner, without following the procedure as contemplated under law. It is the case of the petitioner that, he is the owner of lorry baring registration No.AP02TH2544. It is further case of the petitioner that, the said lorry was hired by proprietor of M/s. Venkata Sai Minerals for transporting Dolomite chips. It is further case of the petitioner that, when the said vehicle reached Gutti Town, the same was intercepted by the 3'"'^ respondent along with 2. staff and found that the mineral is being transported without valid documents. Thereafter, the vehicle was seized and handed over to the 4^*^ respondent. The petitioner claims that, he approached the authorities repeatedly and despite sending legal notice for release of the subject vehicle, there is no action from the respondents. Questioning the same, the present writ petition is filed. 3. The counsel for petitioner would submit that, if the vehicle 4. is exposed to vagaries of nature, the same cannot be put to use. He would further submit that, the petitioner is no way concerned with the mineral and the same belongs to M/s. Venkata Sai m Minerals, a proprietary concerned and the lorry was only engaged for transporting the same. He would further submit that, the respondents cannot keep the vehicle in their custody without releasing the same. 5. On the other hand, the learned Government Pleader Mines and Geology would submit that, in similar circumstances this Court passed order dated 10.03.2025 in WP No.5802 of 2025, whereunder the vehicle was directed to release on certain conditions. for 6. Having regard to the submissions made by both counsel and following the conditions imposed in the above writ petition, the present writ petition is allowed with the following directions; the (i). The respondent authorities shall give interim custody of vehicle bearing registration No.AP02TH2544, to the petitioner upon furnishing a personal bond for Rs.3,00,000/-, by producing proof of his ownership. (ii). The petitioner shall give an undertaking to produce the vehicle as and when required, either by the authority concerned or court or the investigating agency, and also give an undertaking that he will not alienate, encumber or alter the physical features of the vehicle. 5 There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- M SRiNSVAS ASSISTANT REGISTRAR //TRUE COPY// j OFFICER SEQTiO To 1. The Principal Secretary, Mines and Geology Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District- 522237. 2. The Divisional Mines and Geology Officer, Tadipatri, Ananthapuramu District. Andhra Praesh. 3. The Assistant Director, Mines and Geology Officer, Regional Vigilance Squad, Kurnool and Anantapuram District, Kurnool, Andhra Pradesh. 4. The Depot Manager, APSRTC Depot, Gooti Town, Ananthapuramu District, Andhra Pradesh. ^)^One CC to Sri Ch. Venkata Challa Rao, Advocate [OPUC] 6. One CC to Sri Aravala Rama Rao, SC for APSRTC[OPUC] 7. Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. ssb T" HIGH COURT DATED:04/07/2025 ORDER WP No. 16275 OF 2025 ■* o ^ i!<rU0il3SS mi inr n i //•ir O «03 X o ^t0FAND#y^ O o 1 !i JUL 2m .X m t o CO Csjrrer.t Seeiion ALLOWING THE W.P. WITHOUT COSTS