r r I APHC010453312025 IN THE HIGH COURT OF ANDHRA at AMARAVATI (Special Original Jurisdiction) SATURDAY, THE THIRTIETH DAY TWO THOUSAND AND TWENTY PRESENT ^ the honourable smt justice WRIT PETITirriJ NO: 229fiQ PRADESH fl 0? Y ; -Y o :xt •o A' is OF AUGUST.^/V^^ FIVE kiranmayee mandava Between: Budireddy Shankara Rao Occ. Agriculture Kasimkota Mandal, Anakapalli District S^. B. Sanyasirao, Aged about D.No.1-7, 24 years, (Post), Kothapalle, Ugginapalem , Andhra Pradesh. , ...Petitioner AND Rep. by its. Principal Secretary and Geology Department, Velagapudi, Amaravati, Andhra Pradesh - ■ The Tahsildar, Kasimkota Mandal, Anakapalli District ^ 3. The Station House Officer, Kasimkota Police Station. Anakapalli District . The Drstnct Mines and Geology Officer, Anakapalli, Anakapalli District. 1. The State of Andhra Pradesh, Mines V" ...Respondents Petition under Article 22^^of the Constitution of India praying that in the pleased be pleased to issue an order, writ or direction Writ of Mandamus declaring the bearing No. AP 05 DR 2045 more particularly in the nature of action of respondents in^eizing the Tractor and Trailer No. AP 31TC 0632 of the petitioner as illegal, arbitrary and without following any procedure under statutes Violative of Article 19, 21 of Constitution respondents to release the vehicle from their of India and custody. consequently direct the lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated ^e affidavit filed in support of the petition, the High Court may be pleased to the 2nd and 3rd respondents to grant interim custody of vehicles Tractor bearing No. AP 05DR 2045 & Trailer No. AP 31 TO 0632 to the Petitioner pending disposal of the Writ Petition. Counsel for the Petitioner: SRI K NAVEEN KUMAR , . Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following order: APHC010453312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] SI f SATURDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 22989 OF 2025 Between: 1.BUDIREDDY SHANKARA RAO, S/0. B. SANYASIRAO, ABOUT 24 YEARS, OCC. AGRICULTURE, D.NO.1-7, KOTHAPALLE, UGGINAPALEM (POST), DISTRICT, ANDHRA PRADESH. AGED KASIMKOTA MANDAL, ANAKAPALLI ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS GEOLOGY , PRINCIPAL DEPARTMENT, SECRETARY, MINES AND VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 2.THETAHSILDAR, 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): 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 declaring the action of respondents in seizing the Tractor bearing No. AP 05DR 2045 and Trailer No. AP 31TC 0632 of the petitioner without following any procedure under statutes as illegal, arbitrary and violative of Article 19, 21 of Constitution of India and 2 consequently direct the respondents to release the vehicle from their custody and pass such 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 may be pleased to direct the 2nd and 3rd respondents to grant interim custody of vehicles Tractor bearing No. AP 05DR 2045 & Trailer No. AP 31 TO 0632 to the Petitioner pending disposal of the Writ Petition and pass such Counsel for the Petitioner: 1.KNAVEEN KUMAR Counsel for the Respondent(S): 1 .GP FOR MINES AND GEOLOGY 3 % THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 22989 OF 2025 The Court made the following order; The writ petition is filed challenging the action of the 3^*^ respondent in seizing the Tractor bearing No.AP 05 DR 2045 and Trailer bearing No.AP 31 TC 0632 belonging to the petitioner in connection with FIR No.102 of 2025, without following the procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966. Heard Sri K.Naveen Kumar, learned counsel for the petitioner and Smt. 2. 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. Learned counsel for the petitioner contends that the 3'^'^ respondent herein has seized the vehicles alleging that the petitioner has been transporting sand without valid documents. 3. Learned counsel for the petitioner submits that the 3'^^ respondent has illegally seized the vehicles of the petitioner and registered FIR No.102 of 2025 under Section 303(2) Bharatiya Nyaya Sanhita, 2023, 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 petitioner relies on a decision of this Court in W.P.No.9014 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. 49 4 relevant clauses of Clause 6(lll)(Q)(i) of the said G.O.Ms.No.43 Industries and Commerce (Mines-111), Department, dated 08.07.2024, reads . 5. The as follo\A/s: 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 V/ay bill/invoice shall be penalized as follows; Second Time (In Rs.) First Time (In Rs.) Vehicle Type Rs.10,001/-to 20,000/- Upto 10,000/- Tractor Lorry fitted with upto 10 tires capacity Lorry fitted with above 10 tires Rs.25,001/- to 50,000/- Upto 25,000/- Rs. 50,001/- to 1,00,000/- Upto 50,000/- Rs.50,001/- to 1,00,000/- Upto 50,000/- Machinery that the authorities cannot seize the vehicle for any alleged Thus he argues 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 W.P.No.9014 of 2025, dated 07.04.2025 directing the order passed in respondent authorities to pass appropriate orders in terms of clause Industries and Commerce (Mines-lll), 6(lll)(Q)(i), of G.O.Ms.No.43 dated 08.07.2024, for levying penalty if any. After levy of penalty Department and on payment of such penalty, the seized vehicles shall be released by the «L 5 V 3 respondent on producing of the receipt of such payment and ownership documents of the vehicles to the satisfaction of the 3'''^ respondent. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// /4ec-^ OFFICER To, The Principal Secretary, Mines and Geology department. State of Andhra Pradesh, Velagapudi, Amaravati, Andhra Pradesh. 2. The Tahsildar, Kasimkota Mandal.'^nakapalli District. 3. The Station House Officer, Kasimkota Police'Station, District. 4. The District Mines and Geology Officer, Anakapalli, Anakapalli District. 5. One CC to Sri. K Naveen Kumar%dvocate [OPUC] 6. Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh [OUT] 7. Two CD Copies 1. Anakapalli gsc HIGH COURT DATED:30/08/2025 ORDER WP NO. 22989 OF 2025 S( 0 8 SEP 2025 Is Sectiojix^'^ ^^PATCaS^^ DISPOSING THE WP WITHOUT COSTS