■■4 ' APHC010466242025 IN THE HIGH COURT OF ANDHRA PRADES 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: 23696 OF 2025 I# s Between: 1. Smt. Bonigala Rathnamma, W/o. B. Nagaraju Aged about 38 SPSR Nellore District, years. R/o Lingasamudram (V), Sydapuram (M), Andhra Pradesh - 524 407. 2. Sri. Bonigala Subramanyam, S/o. Chinna R/o Lingasamudram (V), Sydapuram District, Andhra Pradesh - 524 407. Venkataiah, Aged about 40 (M), SPSR Nellore years. ...PETITIONERS AND 1. The State of Andhra Pradesh, 7 and Geology Department, Secretariat, District. 2. The Divisional Director of Mines District. 3. The Station House officer, Sydapuram Police mandal, SPSR Nellore District Andhra Pradesh Rep by its Principal Secretary, Mines Velagapudi, Amaravati, Guntur and Geology Officer, Nellore, Nellore Station, Sydapurampuram J 524 407. ...RESPONDENTS Petition under Articie 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue an order, writ or direction may be more particularly in the nature of Writ of Mandamus Under Article226 of the Constitution of India declaring the action of Respondents in seizing the Vehicles of the Bearing No. Tractor Reg. No. AP39UR1245 and vehicle bearing Tractor Reg.No.AP39UJ7880, 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. 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 to respondent to grant interim custody of Vehicle Bearing NO.AP39UR1245 and vehicle bearing Tractor direct the 2'"'^ and 3 No. Tractor Reg. Reg.No.AP39UJ7880, to the Petitioners, pending disposal of the above writ rd petition. Counsel for the Petitioners: M/s. G. N. UMA RANI Counsel for the Respondent Nos.1 & 2:GP FOR MINES AND GEOLOGY Counsel for the Respondent No.3: GP FOR HOME The Court made the following order: APHC010466242025 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: 23696 OF 2025 Between; 1.BONIGALA RATHNAMMA, W/0. B. NAGARAJU AGED ABOUT 38 YEARS, R/0 LINGASAMUDRAM (V), SYDAPURAM (M), SPSR NELLORE DISTRICT, ANDHRA PRADESH - 524 407. 2.SRI. BONIGALA SUBRAMANYAM, S/0. CHINNA VENKATAIAH AGED ABOUT 40 YEARS, R/0 LINGASAMUDRAM (V), SYDAPURAM (M), SPSR NELLORE DISTRICT, ANDHRA PRADESH - 524 407. ...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, NELLORE, NELLORE DISTRICT, 3.THE STATION HOUSE OFFICER, SYDAPURAM POLICE STATION, SYDAPURAMPURAM MANDAL, SPSR NELLORE DISTRICT ANDHRA PRADESH 524 407. MINES AND GEOLOGY DEPARTMENT, ...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 Article226 of the Constitution of India declaring the action of Respondents in seizing the Vehicles of the Bearing r No. Tractor Reg. No. AP39UR1245 and vehicle bearing Tractor Reg.No.AP39UJ7880, 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 Counsel for the Petitioner{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: 23696 OF 2025 The Court made the following order: The writ petition is filed challenging the action of the respondents in seizing the Vehicles bearing Nos.AP 39 UR 1245 and AP 39 UJ 7880 of the petitioners without following any procedure under law. Heard Ms. G.N.Uma Rani, 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 counsels, the writ petition is disposed of at the stage of admission. 2. 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 Lingasamudram Village, Sydapuram 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 petitioner prays 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 tried to contend that even for reiease of the vehicie, the 2021 (2) AID 535 owner or the person claiming release of the pay penalty equal to the market value of the vehicle has to 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 seigniorage fee IS paid. All that the rule states is that the penalty egual to market value of the mineral 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 a valid vehicle person-in-charge of the vehicle fails to produce permit But, nowhere the Rule postulates that the cannot be released, unless the same is paid. ” 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 the writ petition is disposed of with the following directions: , the same, (i) The respondent authorities shall vehicle bearing Nos.AP 39 UR 1245 and AP 39 give interim custody of the UJ 7880 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 or the Investigating Agency and also give an undertaking that he will not alienate, encumber or alter the physical features of the vehicle. (ii) concerned or Court 4 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 DEPUT^^GiSTRAR SECTION OFFICER //TRUE COPY// 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, Nellore, Nellore District, 3. The Station House officer, Sydapuram Police Station, Sydapurampuram Mandal, SPSR Nellore District, Andhra Pradesh 524 407. 4. One CC to M/s. G. N. Uma Rani, Advocate [OPUO 5. TwoCCsto 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. 23696 OF 2025 ov 16 SEP 2025 X m *9 ^ . Currenv section ^ J^fSPATCV^^ y DISPOSING OF THE W.P. WITHOUT COSTS