APHC010421792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 21472/2025 Between: 1. KARNAM VENKATA TRINADH, S/O. K. RAMU, AGED ABOUT 24 YEARS, OCC. AGRICULTURE, D. NO. 1-47, NEAR RAMALAYAM, BUTCHAIAHPETA, UGGINAPALEM, KASIMKOTA MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH. 2. MUTHYALA NAGESWARA RAO, S/O. M. SANYASI NAIDU, AGED ABOUT 42 YEARS, OCC. AGRICULTURE, R/O. BESIDE ANJANEYYA SWAMY TEMPLE, BUTCHAIAHPETA, UGGINAPALEM, KASIMKOTA MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS , PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 2. THE TAHSILDAR, KASIMKOTA MANDAL, ANAKAPALLI DISTRICT. 3. THE STATION HOUSE OFFICER, KASIMKOTA POLICE STATION, ANAKAPALLI DISTRICT. 4. THE DISTRICT MINES AND GEOLOGY OFFICER, ANAKAPALLI, ANAKAPALLI DISTRICT. ...RESPONDENT(S): 2 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 an order, writ or direction more particularly in the nature of Writ of Mandamus Under Article 226 of the Constitution of India declaring the action of respondents in seizing the Vehicles Tractor bearing No.AP 37CL 1896 and Trailer No. AP 39VD 2969 and Tractor bearing No.AP 16TD 2086 and Trailer No. AP 39UQ 2785 of the petitioners without following any procedure under statutes as illegal, arbitrary and violative of Article 19, 21 of Constitution of India and consequently direct the respondents to release the vehicles from their custody and pass such IA 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 direct the 2nd and 3rd respondents to grant interim custody of vehicles Tractor bearing No.AP 37CL 1896 & Trailer No.AP 39VD 2969 and Tractor bearing No. AP 16TD 2086 & Trailer No. AP 39UQ 2785 to the petitioners pending disposal of the Writ Petition and pass such Counsel for the Petitioner(S): 1. K NAVEEN KUMAR 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 respondents in seizing the Tractor bearing No.AP37 CL 1896 and its Trailer No.AP39 VD 2969 belonging to the 1st petitioner and Tractor bearing No.AP16 TD 2086 and its Trailer No.AP39 UQ 2785 of the 2nd petitioner, in connection with FIR No.102 of 2025, without following the procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966. 3 2. Heard Sri K. Naveen Kumar, learned counsel for the petitioners and learned 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 petitioners contends that the petitioners have been using the subject vehicle for commercial purposes. On 27.05.2025, the 3rd respondent herein seized the vehicles alleging that the petitioners had been transporting soil/sand without valid documents. 4. Learned counsel for the petitioners submits that the 3rd respondent has illegally seized the vehicle of the petitioners and registered FIR No.102 of 2025 under Section 303(2) Bharatiya Nyaya Sanhita, 2023 and 21(1), 21(4) Mines and Minerals (Development and Regulation) Act, 1957. Hence, he prays the Court to direct the respondents to release the vehicles. In support of his contentions, the learned counsel for the petitioners relies on a decision of this Court in W.P.No.9014 of 2025, and prays the Court to dispose of the Writ Petition 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 4 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.9014 of 2025, dated 07.04.2025 directing the respondent authorities to pass appropriate orders in terms of clause 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 the levy of penalty, and on payment of such penalty, the seized vehicles shall be released by the 3rd respondent on producing 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. 5 As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 13.08.2025 MSI 6 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 21472/2025 Dated: 13.08.2025 MSI