'i APHC010375952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^ .y TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 19357 OF 709!^ Between: D Srinivasa Rao, S/o. Nageswara Rao, Aged 48 years, R/o. D.No. 3-17, VTC Rayanapadu, Rayanapadu Post, Krishna District. (Owner of Lorry bearing No. AP 39 UD 8478) ...Petitioner AND 1. The State of Andhra Pradesh, Dept, of Mines and Geology, Rep. by its Principal Secretary, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner Director of Mines and Geoiogy, ibrahimpalnam, Vijayawada, NTR District. 3. The District Mines and Geology Officer, Vijayawada, NTR District. 4. The Station House Officer, Reddigudem Police Station, NTR District. Vijayawada, ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue any writ, order or direction, nature of mandamus declaring the action of 3rd may be more particularly one in the respondent in issuing the impugned letter dated 21.06.2025, seizing the Lorry bearing No. AP 39 UD 8478 belonging to the petitioner along with granite slabs and directing to pay fine, etc. as illegal, arbitrary and against the principles of natural justice and also contrary to the provisions of the Andhra Pradesh Minor, Mineral Concession Rules, 1966 and consequently set-aside the impugned letter dated 21.06.2025 by directing the Respondent Nos. 2 to 4 to release the petitioners vehicle i.e. Lorry bearing No. AP 39 UD 8478. 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 suspend the impugned letter No.855A/&E/2024 dated 21.06.2025 and direct the Respondent Nos. 2 to 4 to release the petitioner’s vehicle i.e. Lorry bearing No. AP 39 UD 8478 pending disposal of the above writ petition. Counsel for the Petitioner: SRI V VINOD K REDDY Counsel for the Respondent Nos. 1 to 3: GP FOR MINES AND GEOLOGY Counsel for the Respondent No.4: GP FOR HOME The Court made the following order: f:.-. APHC010375952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ms [3458] TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 19357 OF 2025 Between: 1.D SRINIVASA RAO, S/O. NAGESWARA RAO, AGED 48 YEARS, R/0. D.NO. 3-17, VTC RAYANAPADU, RAYANAPADU POST, KRISHNA DISTRICT. (OWNER OF LORRY BEARING NO. AP 39 UD 8478) ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, DEPT, OF MINES AND GEOLOGY, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE COMMISSIONER DIRECTOR OF MINES IBRAHIMPATNAM, VIJAYAWADA, NTR DISTRICT. 3.THE DISTRICT MINES AND GEOLOGY OFFICER NTR DISTRICT. 4.THE STATION HOUSE OFFICER, REDDIGUDEM POLICE STATION VIJAYAWADA, NTR DISTRICT. AND GEOLOGY, VIJAYAWADA, ...RESPONDENT(S): 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 tomay be pleased to issue any writ, order particularly one in the nature of mandamus declaring the action of 3rd respondent in issuing the impugned letter dated 21.06.2025, seizing the Lorry bearing No. AP 39 UD 8478 belonging to the petitioner along with granite slabs and directing to or direction, more pay fine, etc. as illegal, arbitrary and against the 2 principles of natural justice and also contrary to the provisions of the Andhra Pradesh Minor, Mineral Concession Rules, 1966 and consequently set-aside the impugned letter dated 21.06.2025 by directing the Respondent Nos. 2 to 4 to release the petitioners vehicle i.e. Lorry bearing No. AP 39 UD 8478 and to pass such 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 may be pleased to suspend the impugned letter No.855A/&E/2024 dated 21.06.2025 and direct the Respondent Nos. 2 to 4 to release the petitioner’s vehicle i.e. Lorry bearing No. AP 39 UD 8478 pending disposal of the above writ petition and pass such Counsel for the Petitioner: 1.VVINOD K REDDY Counsel for the Respondent(S): 1 .GP FOR MINES AND GEOLOGY 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 19357 OF 2Q2fi The Court made the following order: The writ petition is filed challenging the action of the 3 rd respondent in seizing the Vehicle Lorry bearing No.AP 39 UD 8478 belonging to the petitioner without following issuing the impugned letter dated 21.06.2025, any procedure under law. 2. Heard V.Vinod K Reddy, learned counsel for Smt. Sudeepthi Potiuri, learned Assistant Government Pleader the petitioner and 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. 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 on the ground that the petitioner did not produce the necessary documents, and directed the lorry driver to pay Rs.6,10,705/-, normal seigniorage fee & other statutory levies and price for unauthorized transportation of black granite slabs under Rule 26(3)(lll) and 34(1) as per Andhra Pradesh Minor, Mineral Concession Rules, 1966. 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 Pradesh^ observed as follows: 021(2) ALD 535 “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 person-in-charge of the vehicle falls to produce a valid permit. But, nowhere the Rule postulates that the vehicle cannot be released, unless the same Is paid. ’’ 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 in W.P.No.17306 of 2025, dated 14.07.2025, placing reliance on the same, the writ petition is disposed of with the following directions: or 5. me (i) The respondent authorities shall give interim custody of the vehicle bearing No.AP 39 UD 8478 to the petitioner upon his furnishing a Personal Bond of Rs. 2,00,000 I- and producing proof in support of his ownership of the vehicle; The petitioner shall give an undertaking to produce the vehicle and when required either by the authority concerned or Court or the Investigating Agency and also give an undertaking that he will as 5 % 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. SD/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary, Dept, of Mines Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner Director of Mines and Geology, Ibrahimpatnam, Vijayawada, NTR District. 3. The District Mines and Geology Officer, Vijayawada, NTR District. 4. The Station House Officer, Reddigudem Police Station, NTR District. 5. One CC to Sri V Vinod K Reddy Advocate [OPUC] 6. Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh [OUT] 7. Two CCs to GP for Home, High Court of Andhra 8. Two CD Copies and Geology, Secretariat Vijayawada Pradesh [OUT] TF Note; The Words “furnishing a bank guarantee for” is corrected as “furnishing a Personai Bond of” in Paragraph No.5 in (i) as per Court Order dated 04-08-2025 in iA No.2 of 2025 Substitute this amended order in place of earlier order which 01-08-2025. was despatched on SD/- K. SRINIVASA RAJU ASSISTANT REGISTRAR HIGH COURT DATED:29/07/2025 04/08/2025 (AMENDED) ORDER WP NO. 19357 OF 2025 *1 12 AUG 2025 ''^ivCiwMtSecOsfrX^ ^'■‘^SSaufiSSS/ .oa DISPOSING OF THE W.P., WITHOUT COSTS