IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27874 OF 2024 Between: 1. M/s SLV Stone Crushers, M/s SLV Stone Crushers Having its registered office at D.No. 12-4-284, Near Old MCN Office, Narayanaraopet, Nellore, Andhra Pradesh Represented by its Managing Partner Sri Y.V. Rami Reddy 2. Perimidi Sridhar Reddy, C/o Permidi Gopal Reddy, R/o 3-65B, Cherlopalli, Kapu Street, Rapuru Mandal, Cheropalli, Rapur Mandal, SPSR Nellore District > 3. S.Pamula Ramanaiah, S/o Late Tirupathaiah, R/o 25-2-1707, Ummareddy Gunta, Kondayapalem, SPSR Nellore District 4. Anangi Sujatha, C/o Anangai Venkataiah, R/o 26-14-1120/1, Ramakrishna Nagar, Sri Ammabhagaan Brundavanam, SPSR Nellore District 5. Thatiboyina Manohar, S/o Thatiboyina Rosiah, R/o Rapur Post, Pulligilapadu Village, Rapur, SPSR Nellore District 6. Vankevolu Prabhakar Reddy, S/o Varkevolu Nagi Reddy, R/o Kapy Street, Jefopalle, Nellore SPSR Nellore,District ...Petitioners AND 1. State of Andhra Pradesh, Represented by its Principal Secretary Home Department, Secretariat Buildings Velagapudi, Amaravathi Andhra Pradesh 2. The Superintendent of Police, SPSR Nellore 3. The Station House Officer, Rapur Police 4. The Tahsildar. Rapur Mandaf R4 is impleaded as per the Court 2025 in writ petition and affidavit. Station, SPSR Nellore SPSR Nellore. 's Order dt.25.02.2025 in I.A.No. 01 of f ...RESPONDENTS Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the be pleased to Issue a writ, order or direction nature of the writ of MANDAMUS praying that in High Court may more particularly one in the declaring the action of the Respondent registering the FIR No.117 of 2024 Police Station, SPSR Nellore for the 324(3) and 303( 2) of BNS No.3 herein in on the file of the Rapur offences under Section 318(2), 318(4), read with Section 3 of PDPP Act against the Managing Partner of Petitioner No.1 and consequent action of the Respondent No.3 i Schedule mentioned vehicles of the mN old 7" fr- the mining land admeasuring 1) Ac.3.00 Cents 2) Ac Cents in Sy. No. 6/P i “ • 4.35 Cents and 3) Ac. 2.20 in Puligilapadu Village, Rapur Mandal, as sheer arbitrary, unjust, without i Principles of Natural Justice Nellore District jurisdiction besides being violative and contrary to the Mines of and Minerals (Development and Regulation) and rights of the Petitioner of the Constitution of India Act, 1957, AP Mineral Dealer Rules, 2017 guaranteed under Articles 14, 19(1)g and 300A ®''''®°bsequently quash the FIR No.117 of 2024 We Of the Rapur Police Station, SPSR Nellore and'further direct Respondent No. 3 herein release the the schedule mentioned and/or such other order/order(s) as this Honble Court the facts and circumstances of the / pass any may deem fit and proper in case. of 202 dt.25.02.2025 in I.A.No.02 Of 2025 in writ petition and affidavit. jA NO: 1 OF 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 release the schedule mentioned vehicles of the Petitioners; Counsel for the Petitioners:M/s. CKR ASSOCIATES Counsel for the Respondents: GP FOR HOME The Court made the following: V APHC010530992024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY ,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27874/2024 Between: SIv Stone Curshers and Others ...PETITIONER(S) AND The State Of Ap and Others Counsel for the Petitioner(S): 1.CKR ASSOCIATES ...RESPONDENT(S) Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following Order: Heard learned Senior Counsel appearing for the petitioners and learned Government Pleader for Home, appearing for the State. The learned senior counsel for the petitioners submits that the petitioners are challenging the seizure of vehicles belonging to the petitioners for having allegedly committed offence under Sections 318(2), 318(4), 324(3), 303(2) of BNS read with Section 3 of PDPP Act. It is submitted that the 2. Tahsildar of Rapur Mandal has addressed a letter to the Station House Officer, Rapur alleging that the Tahsildar has found illegal excavation of metal 2 beyond the lease land by the petitioners and sought action against the petitioners. The Station House Officer has issued a spot inspection report and also seized eighteen (18) vehicles listed in the said report from the alleged scene of offence. 3. The learned senior Counsel submits that the allegation relates to excavation of metal, and the provisions of the Mines and Mineral (Development and Regulation) Act, 1957 ought to be invoked and as per Section 21(4), the authorized officer is only the competent person to seize the vehicles. In the present case, the Station House Officer of Rapur Police Station has seized the vehicles and issued Panchanama. The authorized officer as defined under Section 2(B) of A.P. Mineral Dealers Rules, 1957 \A/ould not include the Station House Officer, Rapur Police Station, Nellore district. The learned senior counsel submits that a demand notice dated 4. 03.07.2024 issued by mines department and the same was challenged before this Court in W.P.No.23539 of 2024 and this Court vide order dated 19.10.2024 has set-aside the demand notice and remanded the matter back to the 5‘^ respondent for fresh consideration. It is submitted that no further demand notice has been raised on the petitioners. The learned Senior Counsel submits that registration of FIR also is not in accordance with Section 21(4) of the Mines and Minerals Act. As seen from the complaint, the Tahsildar has requested the Station House 5. Cfficer, Rapur to take action and file a case against the petitioners for violation 3 of the rules. Section 21 of the Mines and Minerals (Development and Regulation) Act. 1957 deals with penalties for contravention of the provisions of the act. Section 21(4) would authorize the authorized officer to determine in this regard to seize the vehicles. The authorized officer has to determine the illegality of the excavation/quarry submitted that the Tahsildar has simply stated that the quarry is being conducted beyond the lease land. It is submitted that without ascertaining the extent of land over which the alleged illegal quarry being carried out, the said complaint would not have been registered. The learned Assistant Government Pleader submits that the case the land beyond the lease premises. It is On 6. is under crime stage and that is registered under Sections 324(3), 303(1) of BNS. It is not in dispute that the vehicles belongs to the petitioners were seized of the alleged scene of offence where they were deployed for excavating the metal in the quarry. 7. Considering the submissions, the authorized officer could have passed an order of seizure and seizure of vehicles or the machinery used in quarrying the metal. However, in the present case, the vehicles belongs to the ( petitioners were seized by the Station House Officer of Rapur Police Station. Hence, the seizure of vehicles is found illegal and not in accordance with Section 21(4). Further, on a perusal of the complaint filed by the Tahsildar, there are no specific details as to the extent of land beyond which the alleged illegal quarrying is being conducted. This would indicate that the Tahsildar has not determined the extent of land over which the illegal mining is being 4 conductsd. On th©S6 grounds, th© r©gistration of FIR would also hav© to b© s©t asid©. Consid©ring th© submissions of learnod sonior counsol for th© p©tition©rs and l©arn©d Assistant Gov©rnm©nt Pl©ad©r, th© FIR No.117 of 2024 on th© fil© of Rapur Polio© Station, N©llor© district is her©by quash©d and th© 3'"' r©spond©nt is h©r©by dir©ct©d to r©l©as© th© v©hicl©s to th© p©tition©rs forthwith. 8. 9. Accordingly, th© Writ P©tition is allow©d. No costs. As a s©qu©l, misc©llan©ous applications ponding, if any, shall 10. stand cIospH Sd/- V DIWAKAR DEPUTY REGISTRAR //TRUE COPY// / SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Home Department, Secretariat Buildings Velagapudi, Amaravathi Andhra Pradesh 2. The Superintendent of Police, SPSR Nellore 3. The Station House Officer, Rapur Police Station, SPSR Nellore [BY RPAD] 4. The Tahsildar, Rapur Mandal, SPSR Nellore. 5. One CC to SRI CKR ASSOCIATES Advocate [OPUC] 6. Two CCs to GP FOR HOME High Court of Andhra Pradesh [OUT] 7. Two CD Copies HIGH COURT DATED:07/04/2025 J 3 0AU6?n75 I . Curreni becuon . ORDER WP.No.27874 of 2024 ALLOWING THE WRIT PETITION WITHOUT COSTS