IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable dr justice K MANMADHA WRIT PETITION NO: 50 OF 201Q AMARAVATI RAO Between: 1. Sundar Rao Abothu, S/o Appa Rao H.No. Owner of vehicle Bearing No Sontyam, 4-22/A, Visakhapatnam 2. Gurugupelli Naveen, S/o. Prasada Rao, AP-31-YETR-2260, R/o. 1-52, Akkivaram Tholada Mettamedapalem Anandapuram, Owner of Vehicle Bearing No. Srikakulam ...PETITIONERS 1. The State of Andhra Pradesh, Represented by Principal Secretary, Mines and Geoiogy Department, Secretariat Buiidings, Veiagapudi, Amaravathi, Guntur 2. The Assistant Director of Mines and Geoiogy, Srikakulam District 3. The Station House Office, Amadalavalasa AND , Srikakulam police Station Srikakulam ...RESPONDENTS Petition under Article 226 of the Constitution the circumstances stated i of India praying that in m the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the respondents in are owners of Vehicles viz. Bearing Nos. 2260 nature of writ of mandamus declaring the action of the seized the vehicles of petitioners AP-31-TD 0858 (Sundara Rao Abothu) Lorry AP-31-YETR (Gurugubelli Naveen) JCB, belonging to the petitioners without following procedure know to law. any as arbitrary, illegal, and violatile of Article 19,21 of to the Constitution of India and consequently direct the respondents to release the above vehicles from the custody of the respondents forthwith. lA NO: 1 OF 2019 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 respondents to grant interim custody of the vehicles Bearing Nos. AP-31-TD 0858 (Sundara Rao Abothu) Lorry AP-31-YETR 2260 (Gurugubelli Naveen) JCB, belonging to the petitioners pending disposal of the main writ petition. » Counsel for the Petitioner: SRI SRAVAN KUMAR NAIDANA Counsel for the Respondent Nos.1 & 2: GP FOR MINES AND GEOLOGY Counsel for the Respondent No.3: GP FOR HOME The Court made the following: ORDER r APHC010000992019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 50/2019 Between: ...PETITIONER Sundar Rao AND ...RESPONDENT State Of Ap Counsel for the Petitioner: 1.SRAVAN KUMAR NAIDANA Counsel for the Respondent: 1 .GP FOR MINES AND GEOLOGY (AP) The Court made the following: ORDER: This writ petition is filed under Article 226 of the Constitution of India for the following relief: “.. .to issued a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in seized the vehicles of petitioners are owners of Vehicles viz., bearing Nos. AP 31 TD 0858 (Sundara Rao Abothu) - Lorry AP 31 YETR 2260 (Gurugubeli Naveen)-JCB. Belonging to the petitioners without following any procedure know to law, as arbitrary, illegal and violative of Article 19, 21 of the Constitution of India and consequently direct the respondents to riease the above vehicles from the custody of the respondens forthwith and be pleased to pass ” 2. Heard Sri Sravan Kumar Naidana, learned counsel appearing for the petitioners and Ms. P. Sudeepthi, learned Assistant Government Pleader appearing for the respondents. 3. On hearing, learned counsel for the petitioner submits that the subject matter of this writ petition is squarely covered by the order dated 13.04.2023 passed in WP No.16935 of 2017, wherein this Court has ordered for release of the vehicle on payment of penalty by the petitioners. 4. Per contra, learned Assistant Government Pleader vehemently opposed for allowing the writ petition as it is not covered by the order dated 13.04.2023 passed by this Court in WP No.16935 of 2017. She submits that, in view of the interim order of this Court, the respondents are directed to release the said vehicles on condition of petitioners furnishing bank guarantee for an amount of Rs.1 Lakh for each vehicle within ten days from the date of receipt of the copy of the order. So, in view of the same, the petitioners have to pay penalty for release of the seized vehicle under G.O.Ms.No.71, dated 4.9.2019, as per clause 16 of the said G.O. But, now, in view of changing Sand Policy, the Government has issued G.O.Ms.No.43, Industries and Commerce (Mines-lll) Department, dated 8.7.2024. Therefore, in view of the interim orders of this Court, no further orders are required to be passed in the present writ petition and the same may be closed. 5. Recording the submissions of learned Assistant Government Pleader, the Writ Petition is closed. There shall be no order as to costs. 6. As a sequel, interlocutory applications, if any pending, shall stand closed. SD/- G. HELA NAIDU ASSISTANT registrar I //TRUE COPY// OFFICER SE To, 1. One CC to Sri Sravan Kumar Naidana, Advocate [OPUC] 2. Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh. [OUT] 3. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 4. Three CD Copies. ssb •1 HIGH COURT DATED:07/01/2025 ORDER WP.No.50 of 2019 [g 12 FEB 2025 /j Curteiu oectiun S^PATC^ CLOSING THE W.P. WITHOUT COSTS