APHC010434092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 22474 OF 2025 Between: 1. MALLAPUREDDY BALAJI, S/O SRI M. NAGESH, AGED ABOUT 27 YEARS, OCCUPATION- BUSINESS R/O D. NO. 1-75,KOTHAPALLE, BUCHAYYAPETA, AKHAPATNAM, VISAKHAPATNAM DISTRICT, ANDHRAPRADESH STATE. 2. KARRI ANATH RAMA KRISHNAM NAIDU, S/O SRI KARRI USTELNAIDU, AGED ABOUT 24 YEARS. OCCUPATION- BUSINESS, R/O D. NO.66, PALLAPU ANANDHAPURAM, MUNAGAPAKA, ANAKAPALLI DISTRICT, ANDHRA PRADESH STATE. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE TAHSILDAR, KASIMKOTA MANDAL, ANAKAPALLI DISTRICT. 3. THE STATION HOUSE OFFICER, KHASIMKOTA POLICE STATION, ANAKAPALLI DISTRICT. 4. THE ASSISTANT DIRECTOR, MINES AND GEOLOGY DEPARTMENT, VISAKHAPATNAM, 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 to issue a Writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in seizing the Tractor bearing No. AP 31EU6874, and Trailer bearing No. AP31Y5853, belonging to the Petitioners as arbitrary, illegal and against the principles of natural justice and violates the article 14 and 19(1) (g) of Constitution of India and consequently, direct the Respondents to release the Tractor and Trailer of the Petitioners and pass 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 pleased to direct the Respondents to release the Tractor bearing No. AP 31EU6874, and Trailer bearing No. AP31Y5853, belonging to the Petitioners, pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1. VELAGANI NARASIMHULU Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP FOR MINES AND GEOLOGY 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 22474 OF 2025 The Court made the following order: The writ petition is filed challenging the action of the 3rd respondent in seizing the Tractor bearing No.AP 31 EU 6874 and Trailer bearing No.AP 31 Y 5853 belonging to the Petitioners in connection with FIR No.102 of 2025, without following the procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966. 2. Heard Sri Velagani Narasimhulu, learned counsel for the petitioners and Smt. Sudeepthi Potluri, 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 contends that the 3rd respondent herein has seized the vehicles alleging that the petitioners have been transporting sand without valid documents. 4. Learned counsel for the petitioner submits that the 3rd respondent has illegally seized the vehicles of the petitioners and registered FIR No.102 of 2025 under Section 303(2) Bharatiya Nyaya Sanhita, 2023, 21(4) Andhra Pradesh Water, Land and Trees Act, 2002. 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.21472 of 2025, 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. 4 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.21472 of 2025, dated 13.08.2025 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 levy of penalty, and on payment of such penalty, the seized vehicles shall be released by the 5 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: 28.08.2025 BSK 6 06 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 22474 OF 2025 Date: 28.08.2025 BSK