? ' t N APHC010411142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■r. * THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20992 OF 2025 Between: Velupula Jyothsna, D/o. V.Prasad, Aged about 33 years, R/o D.No-32- 11/4-1, Gummadi Vari Street, Bandula Doddi Center, Mogalrajpuram, Vijayawada, NTR District, Andhra Pradesh - 520010. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department, Secretariat Buildings, Velagapudi, Guntur District-522237. 2. The District Mines and Geology Officer, NTR District, Andhra Pradesh. 3. The Tahsildar, Vijayawada Rural, NTR District, Andhra Pradesh. ...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 a writ, order or direction more particularly one in the nature of Writ of Mandamus, under /Article 226 of the Constitution of India declaring the action of the 3rd respondent in seizing the JCB Vehicle bearing No. AP 40 AE 8316 of the petitioner without following any procedure under statutes contemplated under law as illegal, arbitrary, high handness and against to the w <• principles of natural justice and violation of Article 19, 21 of the Constitution of India and consequently direct the 2nd and 3rd respondents to release the vehicle from their custody. 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 grant interim direction directing the respondents to release JCB Vehicle bearing No.AP40AE 8316 to the Petitioner, pending disposal of the above writ Petition. Counsel for the Petitioner: SRI CH VENKATA CHALLA RAO Counsel for the Respondent Nos.1 & 2: GP FOR MINES AND GEOLOGY Counsel for the Respondent No.3: GP FOR REVENUE The Court made the following order: APHC010411142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20992/2025 Between: 1.VELUPULA JYOTHSNA, D/0. V.PRASAD, AGED ABOUT 33 YEARS, R/0 D.NO-32-11/4-1, GUMMADI VARI STREET, BANDULA DODDI CENTER, MOGALRAJPURAM, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH - 520010. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MINES AND GEOLOGY DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT SECRETARY, SECRETARIAT BUILDINGS, 522237. 2.THE DISTRICT MINES AND GEOLOGY OFFICER, NTR DISTRICT, ANDHRA PRADESH. 3.THE TAHSILDAR, VIJAYAWADA RURAL, NTR DISTRICT, ANDHRA PRADESH. ...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 a writ, order or direction more particularly one in the nature of Writ of Mandamus, under /Article 226 of the Constitution of India declaring the action of the 3rd respondent in seizing the JCB Vehicle bearing No. AP 40 AE 8316 of the petitioner without following any procedure under statutes contemplated under law as illegal, arbitrary, high handness 2 and against to the principles of natural justice and violation of Article 19, 21 of the Constitution of India and respondents to release the vehicle from their custody and pass such consequently direct the 2nd and 3rd 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 Counsel for the Petitioner: 1.CH VENKATA CHALLA RAO Counsel for the Respondent(S): 1 .GP FOR MINES AND GEOLOGY The Court made the following: ORDER: The writ petition is filed challenging the action of the 3'^'^ respondent in seizing the vehicle JCB bearing No.AP40 AE 8316 belonging to the petitioner without following any procedure under law. 2. Heard Sri CH. Venkata Challa Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology appearing for the respondents. With the consent of both the learned counsels, the writ petition is disposed of at the stage of admission. 3. It is argued by the learned counsel for the petitioner that the subject JCB machinery has been used for agricultural purposes. On 10.07.2025, the 3'"^ respondent has seized the said JCB belonging to the petitioner alleging that 4250 cum of ordinary earth was transported by engaging 4 tractors, without valid permits. The said JCB was kept in their r 3 custody. It is contended that the 3'^'^ respondent has no power to seize the vehicle under AP Minor Mineral Concession Rules, 1966 without any enquiry, investigation. Thus prays for release of the vehicle. 4. The learned Assistant Government Pleader of Mines and Geology would submit that illegal transportation of the mineral without generating mining transit passes would cause Mineral Revenue loss to the Government Exchequer. 5. 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: “Having regard to the usage of the word, ‘driver’ or ‘person-incharge of the vehicie’, the Government Pieader 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 seignioragefee 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. ” ^2021 (2) AID 535 4 6. It is stated that relying on the above decision of the Division Bench, the writ petitions were disposed of earlier. One such decision is placed before me in W.P.No. 10954 of 2021, dated 06.07.2021, placing reliance the same, the writ petition is disposed of with the following directions: i on (i) The respondent authorities shall give interim custody of the vehicle bearing No. AP 40 AE 8316 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; 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 not alienate, encumber or alter the physical features of the vehicle. (ii) as 7. 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 TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To. 6. Two CD Copies. Secretariat of Andhra AL HIGH COURT DATED:07/08/2025 f 13 AUG 2025 ^ Curreni secuon ^ ^^s£6SPATC)5^?^ % ORDER WP NO. 20992 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS