APHC010462732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) y \ O U. m c in r* Sp HO^ MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 23710 OF 2025 Between: 1. Smt. R. Chinnammal, W/o. Sri. Ramakrishnan, Aged about 40 R/o 3/4/2-5,Sirugaloor (V), Dhalavaihalli (P). Dharmapuri District, Tamil Nadu - 636803. 2. K.Seshamma, W/o. Krishnappa, Aged about 65 years, R/o D.No. 2, Gutturu (V), Yelasandra (M) Kolar Dist, Karnataka - 563 114 years. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Mines and Geology Department, Secretariat Velagapudi, Amaravati, Guntur District. 2. The Divisional Director of Mines and Geology Officer, Palamaner, Chittoor District, 3. The Station House officer, Rallabuduguru Polise Station, Santhipuram Mandal, Chittoor 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 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 of the Bearing No.Tractor Compressor Reg. No.TN 29 BK 6090, and vehicle Bearing No. Escort Weight Little Vehicle TN22BY4812, 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 vehicle from their custody. A. lA NO: 1 OF 907^ Petition under Section 151 CPC in the affidavit filed i direct the 2"^^ and praying that in the circumstances stated in support of the petition, the High Court may be pleased to respondent to grant interim custody of Vehicle Bearing No. Tractor Compressor Reg. No.TN 29 BK 6090, and vehicle Bearing No. Escort Weight Little Vehicle TN22BY4812, to the Petitioners, pending disposal of the above writ petition. Counsel for the Petitioners; M/s. G. N. DMA RANI Counsel for the Respondent Nos.1 & 2;GP FOR MINES AND GEOLOGY Counsel for the Respondent No.3: GP FOR The Court made the following order: HOME f-'- I f"' APHC010462732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SI [3458] MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 23710 OF 2025 Between; 1.R CHINNAMMAL, W/0. SRI. RAMAKRISHNAN AGED ABOUT 40 YEARS, DHARMAPURI DISTRICT, TAMIL NADU - 636803. R/0 3/4/2-5,SIRUGALOOR (V), DHALAVAIHALLI (P), 2 KSESHAMMA,, W/0. KRISHNAPPA, AGED ABOUT 65 YEARS, R/O KOLAR DIST, D.NO. 2, GUTTURU (V), YELASANDRA (M) KARNATAKA- 563 114 ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DIVISIONAL DIRECTOR OF MINES AND GEOLOGY OFFICER, PAIAMANER, CHITTOOR DISTRICT, 3.THE STATION, ANDHRA PRADESH. GEOLOGY DEPARTMENT, MINES AND STATION HOUSE OFFICER, RALLABUDUGURU POLISE SANTHIPURAM MANUAL, CHITTOOR 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 topleased 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 of the Bearing • 'i. No.Tractor Compressor Reg. No.TN 29 BK 6090, and vehicle Bearing No. Escort Weight Little Vehicle TN22BY4812, 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 vehicle from their custody and pass 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 Pleased to direct the 2nd and 3rd respondent to grant interim custody of Vehicle Bearing No. Tractor Compressor Reg. No. TN 29 BK 6090, and Weight Little Vehicle TN22BY4812, to the vehicle Bearing No. Escort Petitioners, pending disposal of the above writ petition and pass Counsel for the Petltioner(S): 1.G N UMA RANI Counsel for the Respondent(S); 1.GP FOR HOME 2.GP FOR MINES AND GEOLOGY THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 23710 OF 2025 The Court made the following order: The writ petition is filed challenging the action of the respondents in seizing the Vehicles bearing Tractor Compressor Reg. No.TN 29 BK 6090 and Vehicle bearing Escort Weight Little Vehicle No.TN 22 BY 4812 of the petitioners without following any procedure under law. Heard Ms. G.N.Uma Rani, learned counsel for the petitioners and 2. Smt. Sudeepthi Potiuri, 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. It is argued by the learned counsel for the petitioners that the authorities intercepted the vehicle belonging to the petitioners while it was stationed at the Vadagandlapalli Village, Santhipurami Mandal engaged for carrying out Agricultural operations. The petitioners had produced the necessary documents. The petitioners contend that the authorities had no authority to seize a vehicle. The petitioners pray for release of the vehicle. 3. The learned counsel for the petitioners relies on a decision of the Division Bench of this Court in the case of Naganath Vs. State of Andhra 4. Pradesh^ observed as follows: “Having regard to the usage of the word, ‘driver’ or ‘person-in-charge of the vehicie’, the Government Pieader 2021 (2) ALD 535 V 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 fee is paid. All that the rule states is that the penalty equal to market value of the mineral seigniorage 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 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. ’’ or 5. It is stated that relying on the above decision of the Division Bench 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 on the same, the writ petition is disposed of with the following directions; the (i) The respondent authorities shall give interim custody of the Vehicles bearing Nos. No.TN 29 BK 6090 and TN 22 BY 4812 to the petitioners upon furnishing a personal bond for Rs.2,00,000/- and producing proof in support of his ownership of the vehicle; The petitioners shall give an undertaking to produce the vehicles 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) 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. r As a sequel, all pending miscellaneous applications shall stand closed. Sd/- K TATA RAO DEPUTYJ^GiSTRAR //TRUE COPY// section officer To, 1. The Principal Secretary, Mines and Geology Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Divisional Director of Mines Chittoor District. 3. The Station House officer, Rallabuduguru Polise Station, Mandal, Chittoor District, Andhra Pradesh. 4. One CC to M/s. G. N. Uma Rani, Advocate [OPUC] 5. Two CCS to GP for Home, High Court of Andhra Pradesh [OUT] 6. Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh [OUT) 7. Two CD Copies. and Geology Officer, Palamaner Santhipuram ssb ■ ■' s. HIGH COURT DATED:08/09/2025 ORDER WP No. 23710 OF 2025 11 SEP JSW m X '2:^ . Current Section disposing of the w.p. without costs