A APHCai 0462702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 23698 OF 2025 Between: 1. C. Raja, S/o Chinnanujundan, Aged about 56 years 1/56Velakalaalli, (V), Alapatri (P), Krishnaagiri District, Tamil Nadu - 635 122. R/o 2. S. Chakravarthy, S/o. Shivappa, Aged about 25 years, R/o D.No. 2/734Sigaramaganapalli (V) Krishnagiri Taluka and District, Tamil Nadu -635 121 ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary and Geology Department, Secretariat Velagapudi, Amaravati. District. 2. The Divisional Director of Mines and Geology Officer, Palamaner, Chittoor District, 3. The Station House officer, Gudupalli Police Station Chittoor District, Andhra Pradesh. Mines Guntur Gudupalli Mandal, ...RESPONDENTS praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, writ or direction Petition under Article 226 of the Constitution of India more particularly in the nature of Under Article 226 of the Constitution of India declaring the Writ of Mandamus action of Respondents in seizing the Vehicles of the Bearing Atlas Copco (Model 2012) and Atlas Copco Compressor 176 (Model procedure under statutes as Compressor 176 2009), of the Petitioners without following any 21 of Constitution of India and illegal, arbitrary and violative of Article 19 consequently direct the respondents to irelease the vehicle from their custody. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated support of the petition, the High Court may be pleased to to grant interim custody of Vehicle Bearing Atlas Copco 2012) and Atlas Copco Compressor 176 (Model in the affidavit filed in direct the 2 Compressor 176 (Model 2009) to the Petitioners, pending disposal of the above writ petition. nd Counsel for the Petitioners: M/s. G. N. UMA RANI Respondent Nos.1 & 2;GP FOR MINES AND GEOLOGY Counsel for the Respondent No.3: GP FOR HOME The Court made the following order: Counsel for the r APHC010462702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 23698 OF 2025 Between: 1.C RAJA, S/O CHINNANUJUNDAN, AGED ABOUT 56 YEARS, R/0 1/56VELAKALAALLI, (V), ALAPATRl (P), KRISHNAAGIRI DISTRICT. TAMIL NADU -635 122. TAMIL NADU -635 122. 2.S. CHAKRAVARTHY,, S/O. SHIVAPPA, AGED ABOUT 25 YEARS, R/0 D.NO. 2/734SIGARAMAGANAPALLI (V) KRISHNAGIRI TALUKA AND DISTRICT, TAMIL NADU - 635 121 ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT VELAGAPUDI, AMARAVATI. GUNTUR DISTRICT. MINES AND GEOLOGY DEPARTMENT, 2.THE DIVISIONAL DIRECTOR OF MINES AND GEOLOGY OFFICER, PALAMANER,CHITTOOR DISTRICT, 3.THE STATION HOUSE OFFICER, GUDUPALLI POLICE STATION, GUDUPALLI MANDAL, CHITTOOR 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 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 Atlas Copco Compressor 176 (Model 2012) and Atlas Copco Compressor P®«t'oners without following any procedure under atutes as illegal, arbitrary and violative of Article 19 21 of Constitution of “odTarr^ •“ --- -“ - lA NO: 1 OF 9()9R in the'’affi!favrn'h “^cumstances stated the affidavit filed in support of the petition, the High Court may be pleased conrfr Vehicle Bearing Atlas ss, STx srr <=— :s and pass Counsel for the Petittoner(S): 1.G N UMA RANI Counsel for the Respondent(S): 1. GP FOR HOME 2.GP FOR MINES AND GEOLOGY pending disposal of the above writ petition THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 23698 OF 2025 The Court made the following order: The writ petition is filed challenging the action of the respondents in seizing the Vehicles bearing Atlas Copco Compressor 176 (Model 2012) and Atlas Copco Compressor 176 (Model 2009) of the petitioners without following any procedure under law. 2. Heard Ms. G.N.Uma Rani, learned counsel for the petitioners and 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. 3. 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 Gudipalli Village, Gudipalli Mandal engaged for carrying out Agricultural operations. The petitioners had produced the necessary documents. The petitioner contends that the authorities had no authority to seize a vehicle. The petitioners pray for release of the vehicle. 4. 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 Pradesh^ observed as follows: “Having regard to the usage of the word, ‘driver’ or ‘person-in-charge 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 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 to 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 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. ” 5. 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 on the the writ petition is disposed of with the following directions: same (i) The respondent authorities shall give interim custody of the Vehicles bearing Atlas Copco Compressor 176 (Model 2012) and Atlas Copco Compressor 176 (Model 2009) to the petitioners upon furnishing a personal bond for Rs.2,00,000/- and producing proof in support of his ownership of the vehicle; (ii) 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. 6. 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. Sd/- K TATA RAO DEPUTY REGISTRAR //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 and Geology Officer, Palamaner, Chittoor District,, . 3. The Station House officer, Gudupalli Police Station, Gudupalli 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. ssb HIGH COURT DATED:08/09/2025 ORDER WP No. 23698 OF 2025 1 fi SEP 2075 Current Section ^% X m O P/> DISPOSING OF THE W.P. WITHOUT COSTS