APHC010582122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 29984/2025 Between: 1. SHAGA JAYENDRA REDDY, S/O. BALREDDY AGED ABOUT 49 YEARS, OWNER OF LORRY, R/O. 7-77/3, SARASWATHI NAGAR, MIRYALAGUDA, NALGONDA DISTRICT, TELANGANA-508207. 2. ANIREDDY KRUPAKAR REDDY,, S/O. RAMA KRISHNA REDDY, AGED ABOUT 67 YEARS. OWNER OF LORRY, R/O. H.NO.3-12, 92/4D/205, USHODAYA RESIDENCY, ROCK HILLS COLONY, SAROOR NAGAR, HYDERABAD, TELANGANA. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522237. 2. THE DISTRICT LEVEL TASK FORCE TEAM, RAJAHMUNDRY, EAST GODAVARI DISTRICT. 3. THE DISTRICT MINES AND GEOLOGY OFFICER, , EAST GODAVARI DISTRICT AT RAJAHMUNDRY, 4. THE STATION HOUSE OFFICER, KOVVUR TOWN POLICE STATION EAST GODAVARI DISTRICT. ...RESPONDENT(S): 2 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 an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in seizing the Lorry bearing Nos.TS05UE4899, TS05UF3555 of the Petitioner and Lorry bearing No.TS07UK6129 of the 2nd Petitioner in connection with the Letter dated 23.10.2025 from the 2nd Respondent to 4th Respondent without following the procedure known to the law under APMMC Rules. 1966 as illegal, irregular, arbitrary and contrary to the procedure established by law irregular, arbitrary and contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the above said vehicles of the Petitioners forthwith in the interest of justice 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 to direct the respondents to release the Lorry bearing NOS.TS05UE4899. TS05UF3555 of the 1st Petitioner and Lorry bearing No. TS07UK6129 of the 2nd Petitioner pending disposal of the above writ petition in the interest of justice and pass Counsel for the Petitioner(S): 1. B JAYA PRABHAKARA RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR MINES AND GEOLOGY The Court made the following: 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 29984/2025 The Court made the following Order: The writ petition is filed challenging the action of the respondents in seizing the Lorries bearing Nos.TS05 UE 4899, TS05 UF 3555 belonging to the 1st petitioner and Lorry bearing No.TS07 UK 6129 belonging to the 2nd petitioner, without following the procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966. 2. Heard Sri B. Jaya Prabhakara Rao, learned counsel for the petitioners and learned Assistant 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. 3. Learned counsel for the petitioners contends that the petitioner has been using the subject vehicles for commercial use on hire. On 23.10.2025, when the vehicles were at Dondagunta Sand Ramp road, Kovvur Mandal, the 2nd respondent herein seized the vehicles alleging that the petitioners have been transporting sand without valid documents. 4. Learned counsel for the petitioners submits that the 2nd respondent has illegally seized the vehicles of the petitioners and handed over to the 4th respondent-Police Station for safe custody until further orders. Hence, he prays the Court to direct the respondents to release the vehicle. In support of his contentions, the learned counsel for the 4 petitioners relies on a decision of this Court in W.P.No.17948 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.100 dated 26.06.2025. 5. The relevant clauses of Clause 19(a) of the said G.O.Ms.No.100 Industries & Commerce (Mines-II) Department, dated 26.06.2025, read as follows: 19. Offences and Penalties: (a). 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 permit 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.17948 of 2025, dated 16.07.2025 5 directing the respondent authorities to pass appropriate orders in terms of clause 19(a), of G.O.Ms.No.100 Industries & Commerce (Mines-II) Department, dated 26.06.2025, for levying penalty, if any. After the levy of penalty, and on payment of such penalty, the seized vehicles shall be released by the 4th respondent on producing the receipt of such payment and ownership documents of the vehicles to the satisfaction of the 4th respondent. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 31.10.2025 MSI 6 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 29984/2025 Dated: 31.10.2025 MSI