APHC010411182025 IMTHE HJGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) mm THURSDAY,THE SEVENTH DAY OF AUGUST ^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA"^ WRIT PETITION NO: 20989 OF 2025 Between: Shaik Chand Basha, S/o. Shaik Abdul Nabi, Aged about 50 years, H.No.8- Krishnapuram, Veldurthy, Ramalakota, Kalugotia, Kurnool District, Andhra Pradesh. 158, ...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 Divisional Mines and Geology Officer, Banaganapalli, Nandyal District, Andhra Pradesh. 3. The Asst. Director, Mines and Geology Officer, Regional Vigilance Squad, Kurnool and Anantapuram District, Kurnool, Andhra Pradesh. 4. The Station House Officer, Veldurthy Police Station, Kurnool District, Andhra Pradesh. ...RESf>ONDENTS 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 3^^ respondent in seizing the Lorry Vehicle bearing No. AP 39 UB 3289 of the petitioner without following any procedure under statutes contemplated under law as illegal, arbitrary, high handness and against to the principles of natural justice and violation of Article 19, 21 of the Constitution of India and consequently direct the 3'"' and 4‘^ 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 Lorry Vehicle bearing No. AP 39 UB 3289 to the Petitioner, pending disposal of the above writ petition. Counsel for the Petitioner: M/s. SUNITHA DEVI CH 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: r f APHC010411182025 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: 20989/2025 Between: 1.SHAIK CHAND BASHA, , S/0. SHAIK ABDUL NABI, AGED ABOUT 50 VELDURTHY, KALUGOTIA, KURNOOL DISTRICT, ANDHRA KRISHNAPURAM, YEARS, H.NO.8-158, RAMALAKOTA, PRADESH. ...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 DIVISIONAL MINES AND GEOLOGY OFFICER, BANAGANAPALLI, NANDYAL DISTRICT. ANDHRA PRAESH. 3.THE ASST DIRECTOR, MINES AND GEOLOGY OFFICER, REGIONAL VIGILANCE SQUAD, KURNOOL AND ANANTAPURAM DISTRICT, KURNOOL, ANDHRA PRADESH. 4.THE STATION HOUSE OFFICER, VELDURTHY POLICE STATION, KURNOOL 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 Vehicle bearing No. AP 39 UB 3289 procedure under statutes respondent in seizing the Lorry of the petitioner without following any ^ contemplated under law as illegal, arbitrarv hiah 19, 21 of the Constitution of India and consequently direct the 3rd and 4 respondents to release the vehicle from their custody and pass uch lA NO: 1 OF 20?.*; in circumstances stated n the affidavit filed in support of the petition, the High Court may be pleased may be pleased to grant interim direction directing the respondents to release Lor^ vehicle bearing No. AP 39 UB 3289 to the Petitioner, pendin djosal Of the above writ petition and pass such ^ Counsel for the Petitioner; 1.SUNITHA DEVI CH 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'^ seizing the Lorry Vehicle bearing No. AP 39 UB 3289 without following any procedure under law. respondent in belonging the petitioner 2. Heard Smt. CH. Sunitha Devi, learned and learned Assistant Government Pleader for for the respondents. With the petition is disposed of at the stage of admission. counsel for the petitioner Mines and Geology appearing consent of both the learned counsels, the writ 3. It is argued by the learned counsel for the petitioner that respondent has seized the vehicle belonging to the on 17.07.2025, the 3^'" 3 petitioner alleging that the petitioner was transporting Dolomite mineral powder belonging to M/s. Sri Anantha Minerals, Dharmavaram Village, Dhone Mandat, Nandyal District without proper permits. It is further contended that the vehicle was hired by M/s. Sri 4. Anantha Minerals, the authorities intercepted the vehicle belonging to the petitioner while the vehicle was at Veldurthi bypass, Kurnool District, requiring the driver of the vehicle to produce relevant permits for transportation of the mineral. It is contended that the petitioner had produced the necessary documents for verification. The petitioner contends that the authorities alleging that the mineral mentioned in the bill/transit form varies accordingly seized the vehilce. While the other documents were found to be correct. The petitioner contends that the authorities had no authority to seize the vehicle. The learned Assistant Government Pleader of Mines and 5. Geology would submit that illegal transportation of the mineral without generating mining transit passes would cause Mineral Revenue loss to the Government Exchequer. The learned counsel for the petitioner relies on a decision of the 6. 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 vehicle’, the Government Pleader ^2021 (2) ALD 535 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 o* 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. ” 7. 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: on (i) The respondent authorities shall give interim custody of the vehicle bearing No. AP 39 UB 3289 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 as 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) 5 8. 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. RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Mines and Geology Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District- 522237. 2. The Divisional Mines and Geology Officer, Banaganap'alli, Nandyal District, Andhra Pradesh. 3. The Asst. Director, Mines and Geology Officer, Regional Vigilance Squad, Kurnool and Anantapuram District, Kurnool, Andhra Pradesh: 4. The Station House Officer, Veldurthy Police Station Andhra Pradesh. 5. One GO to M/s. Sunitha Devi Ch, 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 Pradesh [OUT] 8. Two CD Copies. Kurnool District, ssb HIGH COURT \ DATED:07/08/2025 ORDER WP No. 20989 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS