APHC010385082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 19473/2025 Between: 1. DARAM SUMALATHA, W/O.VENKATESWARA RAO, AGED ABOUT 47 YEARS, R/O. D.NO. 9-56, PESARLANKA, GUNTUR, GUNTUR DISTRICT. ...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, CHALLAPALLI MANDAL, KRISHNA DISTRICT. 3. THE STATION HOUSE OFFICER, CHALLAPALLI POLICE STATION, KRISHNA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. B V SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR MINES AND GEOLOGY 2 The Court made the following: ORDER: The writ petition is filed challenging the action of the 2nd & 3rd respondents in seizing the Tractor bearing No. AP07 DK 3202 belonging to the petitioner, in connection with FIR No.229 of 2025, without following the procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966. 2. Heard Sri B. V. Srinivasa 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 parties, the writ petition is disposed of at the stage of admission. 3. Learned counsel for the petitioner contends that the petitioner has been using the subject vehicle for commercial use on hire. The 3rd respondent herein has seized the vehicle alleging that the petitioner have been transporting sand without valid documents. 4. Learned counsel for the petitioner submits that the 3rd respondent has illegally seized the Tractor of the petitioner and registered FIR No.229 of 2025 under Section 303(2) Bharatiya Nyaya Sanhita, 2023, Section 27 of the Andhra Pradesh Water, Land and Trees Act, 2002. Hence, he prays the Court to direct the respondents to release the vehicle. In support of his contentions, the learned counsel for the petitioner relies on a decision of this Court in W.P.No.5213 of 2025, prays the Court to dispose of the Writ Petition 3 in terms of the said order. He further relies on G.O.Ms.No.43 dated 08.07.2024. 5. The relevant clauses of Clause 6(III)(Q)(i) of the said G.O.Ms.No.43 Industries and Commerce (Mines-III), Department, dated 08.07.2024, reads as follows: Q. Offences and Penalties: i. In case of the vehicles engaged in illegal/ un-authorized excavation in the prohibited areas (i.e., within 500 meters from the Ground water structures, Bridges, Dams, Railway lines and cross drainage structures etc.), transportation of sand outside the State and found transporting sand without valid Sand Way bill /invoice shall be penalized as follows; Vehicle Type First Time (In Rs.) Second Time (In Rs.) Tractor Upto 10,000/- Rs.10,001/- to 20,000/- Lorry fitted with upto 10 tires capacity Upto 25,000/- Rs.25,001/- to 50,000/- Lorry fitted with above 10 tires Upto 50,000/- Rs.50,001/- to 1,00,000/- Machinery Upto 50,000/- Rs.50,001/- to 1,00,000/- Thus he argues that the authorities cannot seize the vehicle for any alleged violations, they could, at the best levy only penalties. 6. Considering the submissions of both the learned counsel and upon perusing the material on record, the Writ Petition is disposed of in terms of the order passed in W.P.No.5213 of 2025, dated 03.03.2025 directing the respondent authorities to pass appropriate orders in terms of clause 4 6(III)(Q)(i), of G.O.Ms.No.43, Industries and Commerce (Mines-III), Department, dated 08.07.2024, for levying, penalty if any. After levy of penalty, and on payment of such penalty, the seized vehicles shall be released by the 3rd respondent on producing of the receipt of such payment and ownership documents of the vehicles to the satisfaction of the 3rd respondent. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 28.07.2025 MSI 5 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 19473/2025 Date: 28.07.2025 MSI