APHC010490362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SMT JUSTICE KIRANNIAYEE MANDAVA WRIT PETITION NO: 25055 OF 2025 0 a THE Between: 1. M/s. Srilaxmi Durga Lorry Gampala Samsan, S/o. Ejrail, aged 42 years Kishtaram. Sathupally, Khaimmam District, State of Telangana. Reddy, S/o. Srinivasa Reddy, aged 33 years, Colony, Ayyagaripet, Sathuaplly Mandal, Khammam Transport, Represented by its Proprietor, R/o. H. No. 1-88, 2. Akala K.V. Satyanarayana R/o. 14-92, NTR District, State of Telangana. 3. Chalamalla Krishnaveni, W/o. Venkateswara Rao, aged 48 years, R/o. Rotary Nagar, Khanapuram Haveli, Khammam H. No. 15-7-R00015 District, State of Telangana. ...Petitioners AND by its Principal Secretary, Mines and Geology 1. 1. The State of AP, Rep. 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 ^^^etrti©FHm€ler-Artieie^a=-©Hhe-€onstrttrtteMHfKlfa-pfaying-thaHrHtie 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 04 UE 6388, TS 05 UE 5229 and TS 04 UE 2556 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. 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 fslos. TS 04 UE 6388, TS 05 UE 5229 and TS 04 UE 2556 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: APHC010490362025 IN mE RIGW COURTO^^ AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 25055/2025 Between: 1.SR1LAXMI DURGA LORRY TRANSPORT, REPRESENTED BY ITS PROPRIETOR, GAMPALA SAMSAN, S/0. EJRAIL, AGED 42 YEARS, R/0. H. NO. 1-88, KISHTARAM, SATHUPALLY, KHAMMAM DISTRICT, STATE OF TELANGANA. 2.AKALA K.V. SATYANARAYANA REDDY, S/0. SRINIVASA REDDY, AGED 33 YEARS, R/0. 14-92, NTR COLONY, AYYAGARIPET, SATHUAPLLY MANDAL, KHAMMAM DISTRICT, STATE OF TELANGANA. 3.CHALAMALLA KRISHNAVENI, S/0. VENKATESWARA RAO, AGED NO. 15-7-R00015, ROTARY NAGAR, KHAMMAM DISTRICT, STATE OF 48 YEARS, R/0. H. KHANAPURAM HAVELI, TELANGANA. ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS. PRINCIPAL SECRETARY, MINES GEOLOGY DEPARTMENT, VELAGAPUDI, GUNTUR AND DISTRICT. 2.THE TAHSILDAR, CHINTHALAPUDI MANDAL, ELURU DISTRICT, ANDHRA PRADESH. 3.THE STATION HOUSE OFFICER, CHINTALAPUDI POLICE STATION, ELURU DISTRICT ANDHRA PRADESH. ■ Jp ...RESPONDENT(S): PSition under Article 226 of the Constitution ofTndia 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 04 UE 6388, TS 05 UE 5229 and TS 04 UE 2556 of the petitioners without following any procedure under statutes as illeqal arbitral^ and vioiative of the procedure contemplated under the A.P. Minor ineral Concession Rules, 1966 and provisions of the Mines and Minerals (Development and Regulation) Act, 1957.and the rules made there under fndia Ir 300-A of Constitution of India and consequently direct the petitioner from their custody and respondents to release the vehicle of the pass lA NO: 1 OF 2()9fi in the’lffH°" «^cumstances stated r TO respondents to grant interim custody the Lorries bearino Nos^ TS 04 UE 6388, TS 05 UE 5229 and TS 04 UE 2556 of the petrtbnTrs pending disposal of the above writ petition and pass Counsel for the Petltioner(S): 1.VSAI KUMAR Counsel; for the Respondent(S): 1.GP FOR HOME 2.GPFOR REVENUE 3.GP FOR MINES AND GEOLOGY -3 - the honourable smt justice kiranmayee mandava ^^!®ULPiI!IIONNOi25055™25 The Court made the following Order: The writ petition is filed challenging the action seizing the Lorries bearing Nos.TS04 petitioner, TS05 UE 5229 of the respondents in UE 6388 belonging to the petitioner, TS04 UE 2556 1 belonging to the 2 nd belonging to the 3 petitioner, in without following the procedure Concession Rules, 1966. connection with FIR No.258 of 2025 under the Andhra Pradesh Minor Mineral 2. Heard Sri V. Sai Kumar, learned learned Government Pleader respondents. With the disposed of at the stage of admission. counsel for the petitioners and for Mines and Geology appearing for the consent of both the parties, the writ petition is 3. Learned counsel for the petitioners contends that the transportation respondent herein seized the have been transporting sand without petitioners have been usi using the subject vehicles for purposes only. On 10.09.2025, the 3'"^ vehicles alleging that the petitioners valid documents. 4. Learned counsel for the respondent has illegally seized registered FIR No.258 of 2025 3(5) Bharatiya Nyaya Sanhita, petitioners submits that the 3 the vehicles of the petitioners and under Section 303(2), 318(4) r/w Secti 2023 and 21(1) Mines on and Minerals 4 (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.24452 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 dated 08.07.2024. 5. The relevant clauses of Clause 6(lll)(Q)(i) of the G.O.Ms.No.43 Industries and Commerce (Mines-lll), Department, 08.07.2024, reads as follows: 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, 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; said dated Dams, Railway lines Vehicle Type Tractor First Time (in Rs.) Upto 10,000/- Second Time (In Rs.) Rs. 10,001/- to 20.000/- Lorry fitted with upto 10 tires capacity Lorry fitted with above 10 tires Upto 25,000/- Rs.25,001/- to 50,000/- Rs.50,001/-to 1,00,000/- Rs.50,001/- to 1,00,000/- Upto 50,000/- Machinery Upto 50,000/- Thus, he argues that the authorities cannot seize the vehicle for any alleged violations, they could, at the best levy only penalties. 5 Considering the submissions of both the learned counsel and 6. upon perusing the material on record, the Writ Petition is disposed of in terms of the order passed in W.P.No.24452 of 2025, dated 11.09.2025 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 and ownership documents of the vehicles to the satisfaction of the 3 rd respondent. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- A VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principat Secretary, State of AP, Mines and Geology Department, Velagapudi, Guntur District. 2. The Tahsitdar, Chinthalapudi Mandal, Eluru District, Andhra Pradesh. Station House Officer, Chintalapudi Police Station, Eluru District 3. The Andhra Pradesh. ^One CC to SRI V.Sai Kumar Advocate [OPUC] 5. Tv\/0'CCs to GP for Home High Court of Andhra Pradesh [OUT] GP for Revenue High Court of Andhra Pradesh [OUT] for Mines and Geology High Court of Andhra Pradesh 6. Two CCs to CCs to GP [OUT] 8. Two CD Copies MBT mGHC^DRT DATED: 17/09/2025 ORDER WP NO. 25055 OF 2025 of 17 SEP 2025 :x: Co// Current Seciion ^ DISPOSING THEW.P WITHOUT COSTS