APHC010514532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) BBS lii ^ WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER^^^^v^*^^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 26450 OF 2025 Between: 1. YEPURU SAMBASIVA RAO, S/o. Gurunadham, aged 52 years, R/o. H. No. 5-12, Venkateswara Talkies Raod Back Side, Sathupalle, Khammam District, State of Telangana. 2. Ponnaganti Satish,, S/o. Viswesara Rao, aged 36 years, R/o. Kunaparaju Parva, Reddigudem Mandal, Krishna District, Andhra Pradesh. ...PETITIONERS AND 1. THE STATE OF AP, 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, ...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 r of Writ of Mandamus declaring the action of respondents in seizing the Lorries bearing Nos. TS 20 T 1459 and AP 16 TJ 5668 of the petitioners without following any procedure under statutes as illegal, arbitrary and violative of the procedure contemplated under the A.P. Minor Mineral provisions of the Mines and Minerals Concession Rules, 1966 and (Development and Regulation) Act, 1957., and the rules made there under apart from being violation ot 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 2ND and 3rd respondents to grant interim custody the Lorries bearing Nos. TS 20 T 1459 and AP 16 TJ 5668 of the petitioners pending disposal of the above writ petition. Counsel for the Petitioners : SRI V SAI KUMAR Counsel for the Respondents No.3 : GP FOR HOME Counsel for the Respondents No.1 : GP FOR MINES AND GEOLOGY Counsel for the Respondents No.2 : GP FOR REVENUE The Court made the following ORDER : ?' APHC010514532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 05H [3458] B WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 26450 OF 2025 Between: 1.YEPURU SAMBASIVA RAO, S/0. GURUNADHAM, AGED 52 YEARS, R/O. H. NO. 5-12, VENKATESWARA TALKIES RAOD BACK SIDE, SATHUPALLE, KHAMMAM DISTRICT, STATE OF TELANGANA. 2.PONNAGANTI SATISH,, S/0. VISWESARA RAO, AGED 36 YEARS, R/O. KUNAPARAJU PARVA, REDDIGUDEM MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1.THE STATE OF AP, 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, ...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 20 T 1459 and AP 16 TJ 5668 of the petitioners without following any procedure under statutes as illegal, arbitrary and violative of the procedure contemplated under the A.P. Minor Mineral 2 Concession Rules, 1966 and (Development and Regulation) Act, 1957., and the rules made there under apart from being violation ot 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 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 20 T 1459 and AP 16 TJ 5668 of the petitioners pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1.VSAI KUMAR Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR MINES AND GEOLOGY provisions of the Mines and Minerals # • 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 26450 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 20 T 1459 and AP 16 TJ 5668 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 petitioners 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. Learned counsel for the petitioners contended 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. 3. Learned counsel for the petitioners submit 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 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. 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(lll)(Q)(i) of the said G.O.Ms.No.43 Industries and Commerce (Mines-lll), Department, dated 08.07.2024 as follows; reads Q. Offences and Penalties: /. In case of the vehicles engaged in illegal/ un-authorized excavation u the prohibited areas (i.e., within 500 meters from the Ground structures, Bridges, Dams, Railway lines and cross drainage structures etc.), transportation of sand outside the State and found sand without valid Sand Way bill/invoice shall be penalized as follows; in water transporting Vehicle Type Tractor Lorry fitted with upto 10 tires capacity Lorry fitted with above 10 tires First Time (In Rs.) Second Time (In Rs.) Rs.10,001/-to 20,000/- Rs.25,001/- to 50,000/- Upto 10,000/- Upto 25,000/- Rs. 50,001/- to 1,00,000/- Upto 50,000/- Rs.50,001/- to 1,00,000/- Machinery Upto 50,000/- Thus he argues that the authorities cannot violations, they could, at the best levy only penalties. seize the vehicle for any alleged .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 respondent authorities to directing the pass appropriate orders in terms of clause Industries and Commerce (Mines-lll), 6(lll)(Q)(i), of G.O.Ms.No.43 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 3'^'^ respondent on producing of the receipt of such payment and ownership documents of the vehicles to the satisfaction of the 3’’'^ respondent. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR 1 //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State Of AP, 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, 4. One CC to SRI. V SAl KUMAR 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 CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT] 8. Two CD Copies TAC HIGH COURT DATED:24/09/2025 ORDER WP NO. 26450 OF 2025 :r 2 5 SEP 2025 9^ Current Section ^ DISPOSING THE WP WITHOUT COSTS