^ r APHC010481512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 24452 OF 2025 Between: 1. Survi Shekhar, S/o. Kishtaiah, aged 38 years, R/o. Plot No. 45, Yellareddy Colony, Hayathnagar, Ranga Reddy District, State of Telangana. 2. Chimala Mahesh, S/o. Venkatesh, aged 30 years, R/o. 1-2-6, Ipparthy, Munugodu, Nalgonda District, State of Telangana. 3. Jallela Venkanna, S/o. Yadaiah, aged 27 years, R/o. 1-83, Ipparthy, Munugodu, Nalgonda District, State of Telangana. 4. Mudupu Upendhar Reddy, S/o. Sathi Reddy, aged 36 years, R/o. Plot No. 25, Adjacent to Swathi Bagh, Hayathnagar, Ranga Reddy District, State of Telangana. 5. Patnam Venkatesham, S/o. Danaiah, aged 42 years Narayanapur, Yadagiri Bhongir District, State of Telangana. R/o. 7-11, 6. Medaboina Nagesh, S/o. Raju, aged 39 years, R/o. 3-57/1, Ismailpalli, Kattangoor Mandal, Nalgonda District, State of Telangana. 7. Aithagoni Laxmaiah, S/o. Narasimha, aged 46 years, R/o. Plot No. 29, Pragathi Nagar, Veerannagutta, Hayathnagar, Ranga Reddy District, State of Telangana. f y .S 8. Nandagiri Venkatesh, S/o. Lingaiah, aged 38 years, R/o. Plot No. 29, ^l^ragathi Nagar, Veerannagutta, Hayathnagar, Ranga Reddy District, State ;^pf Telangana. 9. Aithagoni Yadaiah Goud, S/o. Narasimha, aged 46 years, R/o. H. No. 3- 7/71, Bank Colony, Munuganoor, Abdullapurmet, Ranga Reddy District, State of Telangana. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its. Principal Secretary, Mines and Geology Department, Velagapudi, Guntur District. 2. The Tahsildar, Chinthalapudi Mandal, Eluru District, Andhra Pradesh. 3. The Station House Officer, Chintalapudi Police Station, Eluru 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in seizing the Lorries bearing Nos. TS 07 UN 6489, TS 07 UN 5689, TS 05 UF 3438, TG 07 U 2669, TS 30 TA 5922, TG 30 T 2295, TG 05 T 6399, TG 07 U 9779, TS 07 UN 6363, TS 07 UN 6699 and TS 07 UK 8988 of the petitioners without following any procedure under statutes as illegal, arbitrary and violative of the procedure contemplated under the A.P. Minor Mineral Concession Rules, provisions of the Mines and Minerals (Development and Regulation) Act, 1957., and the rules made there under apart from being violation of Article 14, 19(1)(g) and 300- A of Constitution of India and 1966 and consequently direct the respondents to release the vehicle of the petitioner 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 direct the 2"'^ and 3'^'^ respondents to grant interim custody the Lorries bearing Nos. TS 07 UN 6489, TS 07 UN 5689, TS 05 UF 3438, TG 07 U 2669, TS 30 TA 5922, TG 30 T 2295, TG 05 T 6399, TG 07 U 9779, TS 07 UN 6363, TS 07 UN 6699 and TS 07 UK 8988 of the petitioners pending disposal of the above writ petition. Counsel for the Petitioners; SRI V.SAI KUMAR Counsel for the Respondent No.1: GP FOR MINES AND GEOLOGY Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondent No.3: GP FOR HOME The Court made the following order: APHC010481512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] h THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 24452/2025 Between: 1.SURVI SHEKHAR, S/O. KISHTAIAH, AGED 38 YEARS, R/0. PLOT NO. 45, YELLAREDDY COLONY, HAYATHNAGAR, RANGA REDDY DISTRICT, STATE OF TELANGANA. 2.CHIMALA MAHESH,, S/O. VENKATESH, AGED 30 YEARS, R/0. 1-2- 6, IPPARTHY, MUNUGODU, NALGONDA DISTRICT, STATE OF TELANGANA. 3.JALLELA VENKANNA,, S/O. YADAIAH, AGED 27 YEARS, R/0. 1-83, MUNUGODU, NALGONDA DISTRICT, STATE OF IPPARTHY, TELANGANA. 4.MUDUPU UPENDHAR REDDY, S/O. SATHI REDDY, AGED 36 YEARS, R/0. PLOT NO. 25, ADJACENT TO SWATHI BAGH, HAYATHNAGAR, RANGA REDDY DISTRICT, STATE OF TELANGANA. 5.PATNAM VENKATESHAM,, S/O. DANAIAH, AGED 42 YEARS, R/O. 7- 11, NARAYANAPUR, YADAGIRI BHONGIR DISTRICT, STATE OF TELANGANA. 6.MEDABOINA NAGESH,, S/O. RAJU, AGED 39 YEARS, R/O. 3-57/1, KATTANGOOR MANDAL, NALGONDA DISTRICT, ISMAILPALLI STATE OF TELANGANA. 7.AITHAGONI LAXMAIAH,, S/O. NARASIMHA, AGED 46 YEARS, R/O. PLOT NO. 29, PRAGATHI NAGAR, VEERANNAGUTTA, HAYATHNAGAR, RANGA REDDY DISTRICT, STATE OF 2 TELANGANA. 8.NANDAGIRI VENKATESH,, S/0. LINGAIAH, AGED 38 YEARS, R/0. PLOT NO. 29, PRAGATHI NAGAR, VEERANNAGUTTA, HAYATHNAGAR, RANGA REDDY DISTRICT, STATE OF TELANGANA. 9.AITHAGONI YADAIAH GOUD„ S/0. NARASIMHA, AGED 46 YEARS, R/0. H. NO. 3-7/71, BANK COLONY, MUNUGANOOR, ABDULLAPURMET, RANGA REDDY DISTRICT, STATE OF TELANGANA. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS. PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE TAHSILDAR, CHINTHALAPUDI MANDAL, ELURU DISTRICT, ANDHRA PRADESH. 3.THE STATION HOUSE OFFICER, CHINTALAPUDI POLICE STATION, ELURU 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 to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in seizing the Lorries bearing Nos. TS 07 UN 6489, TS 07 UN 5689, TS 05 UF 3438, TG 07 U 2669, TS 30 TA 5922, TG 30 T 2295, TG 05 T 6399, TG 07 U 9779, TS 07 UN 6363, TS 07 UN 6699 and TS 07 UK 8988 of the petitioners without following any procedure under statutes as illegal, arbitrary and violative of the procedure contemplated under the A.P. Minor Mineral Concession Rules, 1966 and provisions of the Mines and Minerals (Development and Regulation) Act, 1957., and the rules made there under apart from being violation of Article 14, 19(1)(g) and 300- A of Constitution of India and consequently direct the respondents to release the vehicle of the petitioner from their custody and pass lA NO: 1 OF 2025 2 3 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 respondents to grant interim custody the Lorries bearing Nos. TS 07 UN 6489, TS 07 UN 5689, TS 05 UP 3438, TG 07 U 2669, TS 30 TA 5922, TG 30 T 2295, TG 05 T 6399, TG 07 U 9779, TS 07 UN 6363, TS 07 UN 6699 and TS 07 UK 8988 of the petitioners pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1.VSAI KUMAR I Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE 3.GP FOR MINES AND GEOLOGY The Court made the following; ORDER: The writ petition is filed challenging the action of the respondents in St seizing the Lorries bearing Nos.TS07 UN 6489 belonging to the 1 petitioner, TS07 UN 5689 belonging to the 2"^^ petitioner, TS05 UF 3438 belonging to the 3'"^ petitioner, TG07 U 2669 belonging to the 4'^ petitioner, TS30 TA 5922 & TG30 T 2295 belonging to the 5‘^ petitioner, TG05 T 6399 belonging to the 6*^ petitioner, TG07 U 9779 belonging to the 7*^ petitioner, TS07 UN 6363 & TS07 UN 6699 belonging to the 8^*^ respondent and TS07 UK 8988, in connection with FIR No.252 of 2025, without following the procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966. 2. Heard Sri V. Sai Kumar, learned counsel for the petitioners learned Government Pleader for Mines and Geology appearing for the respondents. With the consent of both the parties, the writ petition is disposed of at the stage of admission. and 3. Learned counsel for the petitioners contends that the petitioners have been using the subject vehicles for transportation purposes only. On 05.09.2025, the 3^^ respondent herein seized the vehicles alleging that the petitioners have been transporting sand without valid documents. Learned counsel for the petitioners submits that the 3''‘ respondent has illegally seized the vehicles of the petitioners and registered FIR No.252 of 2025 under Section 303(2), 318(4) r/w Section 3(5) Bharatiya Nyaya Sanhita, 2023 and 21(1) 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 petitioners relies on a decision of this Court in W.P.No.14271 of 2025, and prays the Court to dispose of the Writ Petition in terms of the said order. He further relies on G.O.Ms.No.43 4. dated 08.07.2024. 5. The relevant clauses of Clause 6(lll)(Q)(i) of the said G.O.Ms.No.43 Industries and Commerce (Mines-lll), Department, dated 08.07.2024, reads as follows: 5 Q. Offences and Penalties: of the vehicles engaged in illegal/ un-authohzed i. In case excavation in the prohibited areas (i.e., within 500 meters from the Railway lines Ground water structures, Bridges, Dams, 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; Second Time (In Rs.) Rs. 10,001/- to 20,000/- First Time (In Rs.) Vehicle Type 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/- Rs. 50,001/- to 1,00,000/- Upto 50,000/- Upto 50,000/- Machinery 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. 14271 of 2025, dated 17.06.2025 directing the respondent authorities to pass appropriate orders in terms of clause 6(lll)(Q)(i), of G.O.Ms.No.43 Industries and Commerce (Mines-lll), Department, dated 08.07.2024, for levying penalty, if any. After the levy of penalty, and on payment of such penalty, the seized vehicles shall be released by the 3'^^ respondent on producing the receipt of such payment 6 and ownership documents of the vehicles respondent. There shall be no order as to costs. As a sequel, miscellaneous applications stand closed. to the satisfaction of the 3 rd pending, if any, shall also Sd/- U.SRl DEVI ASSISTANT REGISTRAR //TRUE COPY// SECTIOlN^FFICER To, 1. The Principal Secretary, State of Andhra Pradesh Department, Velagapudi, Guntur District. 2. The Tahsildar, Chinthalapudi Mandal, Eluru District, Andhra Pradesh. 3. The Station House Officer, Chintalapudi Police Station, Eluru District, Andhra Pradesh. Mines and Geology 4. One CC to Sri V.Sai Kumar Advocate [OPUC] 5. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh [OUT] 8. Two CD Copies MBT HIGH COURT DATED:11/09/2025 ORDER WP NO. 24452 OF 2025 ^ 1 l SEP 2025 JTll' Co Current Sectioa./^ DISPOSING THE W.P WITHOUT COSTS