APHC010497022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 25340/2025 Between: 1. MIRIYAM MADHU, , S/O. VENKATESWARA RAO, AGED 52 YEARS, R/O. H. NO. 7- 196, NEAR KRISHNA TALKIES MAIN ROAD, SATHUPALLI, KHAMMAM DISTRICT, STATE OF TELANGANA. ...PETITIONER 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 topleased 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 UD 1369 and AP 16 TJ 1669 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 2 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 IA 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 respondents to grant interim custody the Lorries bearing Nos. TS 04 UD 1369 and AP 16 TJ 1669 of the petitioners pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. V SAI KUMAR Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP FOR MINES AND GEOLOGY 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 25340 OF 2025 The Court made the following order: The writ petition is filed challenging the action of the respondents in seizing the Lorries bearing Nos.TS 04 UD 1369 and AP 16 TJ 1669 of the petitioners 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 petitioner and Sri Rama Krishna, learned Government Pleader for Mines and Geology appearing for the respondents. With the consent of both the learned counsel, the writ petition is disposed of at the stage of admission. 3. Learned counsel for the petitioner contends that the petitioner has been using the subject vehicles for transportation purposes only. On 05.09.2025, the 3rd respondent herein seized the vehicles alleging that the petitioner has been transporting sand without valid documents. 4. Learned counsel for the petitioner submits that the 3rd respondent has illegally seized the vehicles of the petitioner and registered FIR No.252 of 2025 under Section 303(2), 318(4) r/w 3(5) Bharatiya Nyaya Sanhita, 2023, 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 petitioner relies on a decision of this Court in W.P.No.24452 of 2025, prays the Court to dispose of 4 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(III)(Q)(i) of the said G.O.Ms.No.43 Industries and Commerce (Mines-III), Department, dated 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, Dams, Railway lines 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; Vehicle Type First Time (In Rs.) Second Time (In Rs.) Tractor Upto 10,000/- Rs.10,001/- to 20,000/- Lorry fitted with upto 10 tires capacity Upto 25,000/- Rs.25,001/- to 50,000/- Lorry fitted with above 10 tires Upto 50,000/- Rs.50,001/- to 1,00,000/- Machinery Upto 50,000/- Rs.50,001/- to 1,00,000/- 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.24452 of 2025, dated 11.09.2025 directing the respondent authorities to pass appropriate orders in terms of clause 6(III)(Q)(i), of G.O.Ms.No.43, Industries and Commerce (Mines-III), 5 Department, dated 08.07.2024, for levying penalty if any. After levy of penalty, and on payment of such penalty, the seized vehicles shall be released by the 3rd respondent on producing of the receipt of such payment and ownership documents of the vehicles to the satisfaction of the 3rd respondent. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 18.09.2025 BSK 6 12 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 25340 OF 2025 Date: 18.09.2025 BSK