APHC010339982025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17091 OF Between: 1. BALAGONDA VENKATESH, S/O.B.VEERANARAYANA AGED ABOUT 39 YEARS,JANTHULURU, BUKKARAYASAMUDRAM, ANANTHAPUR DISTRICT, A.P 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY (MINES AND GEOLOGY), VELAGAPUDI, AMARAVATHI 2. THE COMMISSIONER AND DIRECTOR OF MINES AND GEOLOGY, 5TH AND 6TH FLOORS, B IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT, A.P 3. THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, R VIGILANCE SQUAD, MINES AND GEOLOGY, KURNOOL AND ANANTHAPURAM DISTRICTS, KURNOOL, A.P 4. THE DIVISIONAL MINES AND GEOLOGY OFFICER, BUGGAIAH COMPOUND, C.B ROAD, TADIPATRI DISTRICT, A.P. 5. THE STATION HOUSE OFFICER, MANDAL ASPIRI VILLAGE AND MANDAL KURNOOL DISTRICT, ANDHRA PRADESH IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17091 OF 2025 BALAGONDA VENKATESH, S/O.B.VEERANARAYANA AGED ABOUT 39 YEARS,JANTHULURU, BUKKARAYASAMUDRAM, ANANTHAPUR DISTRICT, A.P- 515701 ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY (MINES AND GEOLOGY), PRINCIPAL SECRETARIAT, VELAGAPUDI, AMARAVATHI THE COMMISSIONER AND DIRECTOR OF MINES AND GEOLOGY, 5TH AND 6TH FLOORS, B-BLOCK, SREE ANJANEYA TOWERS, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT, A.P THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, R VIGILANCE SQUAD, MINES AND GEOLOGY, KURNOOL AND ANANTHAPURAM DISTRICTS, KURNOOL, A.P THE DIVISIONAL MINES AND GEOLOGY OFFICER, BUGGAIAH COMPOUND, C.B ROAD, TADIPATRI-515411 ANANTAPUR THE STATION HOUSE OFFICER, MANDAL POLICE STATION, ASPIRI VILLAGE AND MANDAL KURNOOL DISTRICT, ANDHRA ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3458] THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA BALAGONDA VENKATESH, S/O.B.VEERANARAYANA AGED ABOUT 39 YEARS,JANTHULURU, BUKKARAYASAMUDRAM, ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARIAT, THE COMMISSIONER AND DIRECTOR OF MINES AND GEOLOGY, BLOCK, SREE ANJANEYA TOWERS, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT, A.P THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, REGIONAL VIGILANCE SQUAD, MINES AND GEOLOGY, KURNOOL AND THE DIVISIONAL MINES AND GEOLOGY OFFICER, BUGGAIAH 515411 ANANTAPUR POLICE STATION, ASPIRI VILLAGE AND MANDAL KURNOOL DISTRICT, ANDHRA ...RESPONDENT(S): 2 KM,J W.P.No.17091 of 2025 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 pleased to pass an order or orders or direction more particularly one in the nature of WRIT OF MANDAMUS declaring that the action of the 3rd Respondent herein in intercepting and seizing the Petitioners Vehicle bearing AP39VG2169, without conducting any Registration No. Panchnama and the subsequent proceedings issued by the 3rd Respondent vide Letter No.353/AD-RVS-KNL/2025 Dt.21.06.2025 arbitrary, illegal, unauthorized, without jurisdiction and unconstitutional, besides being violative of the Petitioners rights guaranteed under Article 14, 19(1)(g) and 21 of the Constitution of India and consequently set-aside the same and direct the Respondents herein to release the Petitioners vehicle bearing Registration No.AP39VG2169 and pass IA 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 3rd Respondent herein to release the Petitioner’s Vehicle bearing Registration No. AP39VG2169 kept in the custody of the 5th Respondent, and pass Counsel for the Petitioner: 1. M K VISWANATH NAIDU Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR MINES AND GEOLOGY 3 KM,J W.P.No.17091 of 2025 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17091 OF 2025 The Court made the following order: The writ petition is filed challenging the action of the 3rd respondent in seizing the Vehicle bearing No.AP 39 VG 2169 belonging to the petitioner without following any procedure under law. 2. Heard Sri M.K.Viswanath Naidu, learned counsel for the petitioner, Smt. Sudeepthi Potluri, learned Assistant Government Pleader for Mines and Geology and learned Assistant Government Pleader for Home appearing for the respondents. 3. It is argued by the learned counsel for the petitioner that the authorities intercepted the vehicle belonging to the petitioner. It is contended that although the petitioner had produced the necessary documents, the same were not considered alleging discrepancies in the said documents. The petitioner contends that the authorities had no authority to seize a vehicle. Therefore, the issue of intercepting the vehicle while in transit does not arise, and as such, the provisions of Rule 26(1)(iii) would not apply. 4. The learned counsel for the petitioner relies on a decision of the Division Bench of this Court in the case of Naganath Vs. State of Andhra Pradesh1, observed as follows: 12021 (2) ALD 535 4 KM,J W.P.No.17091 of 2025 “Having regard to the usage of the word, ‘driver’ or ‘person-incharge of the vehicle’, the Government Pleader tried to contend that even for release of the vehicle, the owner or the person claiming release of the vehicle has to pay penalty equal to the market value of the mineral along with seigniorage fee prevalent at that time. On a reading of the above Rule, there is nothing to indicate, the vehicle cannot be released, unless the penalty and seigniorage fee is paid. All that the rule states is that the penalty equal to market value of the mineral seized along with seigniorage fee prevalent at that time can be ordered to be paid at the time of interception of the vehicle, if driver or person-in-charge of the vehicle fails to produce a valid permit. But, nowhere the Rule postulates that the vehicle cannot be released, unless the same is paid.” 5. It is stated that relying on the above decision of the Division Bench, this Court has disposed of the writ petitions. One such decision is placed before me in W.P.No.6704 of 2025, dated 20.03.2025, placing reliance on the same, the writ petition is disposed of with the following directions: (i) The respondent authorities shall give interim custody of the vehicle bearing No.AP 39 VG 2169 to the petitioner upon his furnishing a personal bond for Rs.2,00,000/- and producing proof in support of his ownership of the vehicle; (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 5 KM,J W.P.No.17091 of 2025 not alienate, encumber or alter the physical features of the vehicle. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 14.07.2025 BSK 6 KM,J W.P.No.17091 of 2025 32 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17091 OF 2025 Date: 14.07.2025 BSK