APHC010400012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY. THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20552 OF 2025 Between: 1. Bochu Durgamma, W/o B.Chinna Venkateswarlu Age 43 years, R/o. Kovvurupalli, Harizanawada, Bogolu Mandal, SPSR Nellore District. 2. Durgamma Earth Movers, Rep. by owner Bochu Durgamma, W/o. B.Chinna Venkateswarlu Age 43 years, R/o. Kovvurupalli, Harizanawada, Bogolu Mandal, SPSR Nellore District. ...Petitioners AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Mines, Industries and Commerce Department Secretariat, Amravati, Guntur District 2. The District Mines and Geology Officer, Nellore, SPSR Nellore District 3. The Tahsildar, Bogolu Mandal Bogolu, SPSR Nellore District 4. The Station House Officer, Bitragunta Police Station, SPSR Nellore District. ...Respondents 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 issue an appropriate order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of the 4th respondent in seizing the 1)Tipper Lorry Bearing No. AP 39 UX 9522 belongs to the 1st petitioner and 2) Tipper Lorry Bearing No. AP 39 UK 9830 belongs to the 2nd petitioner firm without following the procedure known to law as illegal, irregular, ultra-virus, arbitrary, high-handed, malafidy, contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental right guaranteed under Article 19(g) of the Constitution of India and consequentially direct the respondents to release the above vehicles forthwith in the interest of justice. 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 direct the respondents to grant interim custody of the 1)Tipper Lorry Bearing No. AP 39 UX 9522 belongs to the 1st petitioner and 2) Tipper Lorry Bearing No. AP 39 UK 9830 belongs to the 2nd petitioner firm pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioners: M/S CH SRI NAGA MEENA KUMARI Counsel for the Respondent Nos. 1 and 2: GP FOR MINES AND GEOLOGY Counsel for the Respondent No. 3: GP FOR REVENUE Counsel for the Respondent No. 4: GP FOR HOME The Court made the following order: APHC010400012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20552 OF 2025 Between: 1.BOCHU DURGAMMA, W/0. B.CHINNA VENKATESWARLU AGE 43 YEARS, R/0. KOWURUPALLI, HARIZANAWADA, BOGOLU MANDAL, SPSR NELLORE DISTRICT. 2. DURGAMMA EARTH MOVERS, REP. BY OWNER BOCHU DURGAMMA, W/0. B.CHINNA VENKATESWARLU AGE 43 YEARS, R/0. KOWURUPALLI, HARIZANAWADA, BOGOLU MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MINES, INDUSTRIES AND COMMERCE DEPARTMENT SECRETARIAT, AMRAVATI, GUNTUR DISTRICT 2.THE DISTRICT MINES AND GEOLOGY OFFICER, NELLORE, SPSR NELLORE DISTRICT 3.THE TAHSILDAR, BOGOLU MANDAL BOGOLU, SPSR NELLORE DISTRICT 4.THE STATION HOUSE OFFICER, BITRAGUNTA POLICE STATION, SPSR NELLORE DISTRICT. ...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 topleased to issue an appropriate order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of the 4th respondent in seizing the 1)Tipper Lorry Bearing No. AP 39 UX 9522 to the 1st petitioner and 2) Tipper Lorry Bearing No. AP 39 UK 9830 to the 2nd petitioner firm without following the procedure illegal, irregular, ultra-virus, arbitrary, high-handed, malafidy. contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental right guaranteed under Article Constitution of India and belongs belongs known to law as 19(g) of the consequentially direct the respondents to release the above vehicles forthwith in the interest of justice and pass lA NO: 1 OF 2Q2fi 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 pleased to direct the respondents to grant interim custody of the 1 )Tipper Lorry Bearing No. AP 39 UX 9522 belongs to the 1st petitioner and 2) Tipper Lorry Bearing No. AP 39 UK 9830 belongs to the 2nd petitioner firm pending disposal of the above writ petition in the interest of justice and pass Counsel for the Petitioner(S): 1.CH SRI NAGA MEENA KUMARI Counsel for the Respondent(S): 1.GP FOR MINES AND GEOLOGY THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20552 OF 2025 The Court made the following order: The writ petition is filed challenging the action of the respondent in seizing the Tipper Lorry bearing No.AP 39 UX 9522 belongs to the 1 petitioner and No.AP 39 UK 9830 to the 2"^ petitioner firm without following the relevant procedure established by law under APMMC Rules, 1966. St 2. Heard Ms. Ch.Sri Naga Meena Kumari, learned counsel for the petitioners and Smt. Sudeepthi Potiuri, learned Assistant Government Pleader 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. Learned counsel for the petitioners submits that the petitioners vehicles were seized without authority of law and in violation of the provisions of Sub- Rule (3)(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966. She further submits that a direction may be given to the respondent authorities to pass appropriate orders for the release of the vehicle, and he relies on the decision of this court passed in W.P.No.20735of 2024 dated 20.09.2024. 4. Learned Assistant Government Pleader for Mines and Geology appearing for the respondents would not dispute the issue being covered by an earlier decision of this Court. in view of the above, the 4*^ respondent is directed to pass orders in terms of Sub-Rule (3)(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966 and collect the due seigniorage fee and penalty as per law and release the vehicles No.AP 39 UX 9522 and No.AP 39 UK 9830 seized by the official respondents to the petitioners within a period of one week from the date of receipt of the copy of the order. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as 6. to costs. As a sequel, all pending miscellaneous applications shall stand closed. SdZ-B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// /il^ SECTION OFFICER To 1. The Principal Secretary, Mines, Industries and Commerce Department, State of AP, Secretariat, Amravati, Guntur District The District Mines and Geology Officer, Nellore, SPSR Nellore District The Tahsildar, Bogolu Mandal Bogolu, SPSR Nellore District The Station House Officer, Bitragunta Police Station, SPSR Nellore District. One CC to M/s. Ch Sri Naga Meena Kumari Advocate [OPUC] Two CCs to GP for Mines and Geology High Court of Andhra Pradesh [OUT] Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT Two CD Copies GSC 2. 3. 4. 5. 6. 7. 8. 9. oV HIGH COURT DATED:06/08/2025 ORDER WP NO. 20552 OF 2025 ^ 12 AUG 2025 DISPOSING THE WP WITHOUT COSTS