APHC010554532025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 28621 Between: 1. BOCHU DURGAMMA, W/O. B.CHINNA VENKATESWARLU AGE 43 YEARS, R/O. KOVVURUPALLI, HARIZANAWADA, BOGOLU MANDAL, SPSR NELLORE DISTRICT. 2. BAPATLA VENKATAPATHI,, YEARS, R/O. TELLAGUNTA, ALLIMADU POST BOGULA MANDAL, SPSR NELLORE DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES, INDUSTRIES AND COMMERCE DEPARTMENT SECRETARIAT, A 2. THE DISTRICT MINES AND GEOLOGY OFFICER, NELLORE, SPSR NELLORE DISTRICT 3. THE TAHSILDAR, BOGOLE MANDAL BOGOLE, SPSR NELLORE DISTRICT 4. THE STATION HOUSE OFFICER, BITRAGUNTA POLICE STATION SPSR NELLORE DISTRICT. 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 an appropriate order or direction more IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 28621 OF 2025 BOCHU DURGAMMA, W/O. B.CHINNA VENKATESWARLU AGE 43 YEARS, R/O. KOVVURUPALLI, HARIZANAWADA, BOGOLU MANDAL, SPSR NELLORE DISTRICT. BAPATLA VENKATAPATHI,, S/O. BAPATIA SESHAIAH AGE 49 YEARS, R/O. TELLAGUNTA, ALLIMADU POST BOGULA MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES, INDUSTRIES AND COMMERCE DEPARTMENT SECRETARIAT, AMRAVATI, GUNTUR DISTRICT THE DISTRICT MINES AND GEOLOGY OFFICER, NELLORE, SPSR THE TAHSILDAR, BOGOLE MANDAL BOGOLE, SPSR NELLORE THE STATION HOUSE OFFICER, BITRAGUNTA POLICE STATION SPSR NELLORE 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 an appropriate order or direction more IN THE HIGH COURT OF ANDHRA PRADESH [3458] THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA BOCHU DURGAMMA, W/O. B.CHINNA VENKATESWARLU AGE 43 YEARS, R/O. KOVVURUPALLI, HARIZANAWADA, BOGOLU S/O. BAPATIA SESHAIAH AGE 49 YEARS, R/O. TELLAGUNTA, ALLIMADU POST BOGULA MANDAL, ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES, INDUSTRIES AND COMMERCE MRAVATI, GUNTUR DISTRICT THE DISTRICT MINES AND GEOLOGY OFFICER, NELLORE, SPSR THE TAHSILDAR, BOGOLE MANDAL BOGOLE, SPSR NELLORE THE STATION HOUSE OFFICER, BITRAGUNTA POLICE STATION ...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 an appropriate order or direction more 2 particularly, one in the nature of Writ of Mandamus declaring the action of the 4th respondent in seizing the 1)Tipper Lorry Bearing Nos. AP 39 UX 9522 and AP 39 UY 5571 belongs to the petitioner and 2) Proklainar Tata Hitachi Hydraulic Excavator Model EX130 Super Plus Machine with GP Bucket SP13- 15683 belongs to the 2nd petitioner without following the procedure known to law as illegal, irregular, ultra-virus, arbitrary, high-handed, malafidy, contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental right guaranteed under Article 19(g) of the Constitution of India and consequentially direct the respondents to release the above vehicles 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 pleased to direct the respondents to grant interim custody of the 1)Tipper Lorry Bearing Nos. AP 39 UX 9522 & AP 39 UY 5571 belongs to the 1st petitioner and 2) Proklainar Tata Hitachi Hydraulic Excavator Model EX130 Super Plus Machine with GP Bucket SP13- 15683 belongs to the 2nd petitioner pending disposal of the above writ petition in the interest of justice and pass Counsel for the Petitioner(S): 1. BOBBA HARI PRASAD REDDY Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR MINES AND GEOLOGY 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 28621 OF 2025 The Court made the following order: The writ petition is filed challenging the action of the 4th respondent in seizing the Tipper Lorry bearing Nos.AP 39 UX 9522 & AP 39 UY 5571 belongs to the 1st petitioner and Proklainar Tata Hitachi Hydraulic Excavator Model EX 130 Super Plus Machine with GP Bucket SP13-15683 belongs to the 2nd petitioner, without following the procedure under law. 2. Heard Ms. 2. Heard Ms. Meena, learned counsel representing Sri Bobba Hari Prasad Reddy, learned counsel for the petitioners and Smt. Sudeepthi Potluri, learned Assistant 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 petitioners submits that the petitioners’ vehicles was seized without authority of law and in violation of the provisions of Sub- Rule (3)(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966. She further submits that a direction may be given to the respondent authorities to pass appropriate orders for the release of the vehicle, and she relies on the decision of this court passed in W.P.No.20735 of 2024 dated 20.09.2024. 4 4. Learned Assistant Government Pleader for Mines and Geology appearing for the respondents would not dispute the issue being covered by an earlier decision of this Court. 5. In view of the above, the respondents are directed to pass orders in terms of Rule 26(3)(iii) of the Andhra Pradesh Minor Mineral Concession Rules, 1966 and verify the records and collect the due seigniorage fee and penalty as per law and release the vehicles seized by the respondents to the petitioners within a period of one week from the date of receipt of the copy of the order. 6. Accordingly the writ petition is disposed of. No order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 16.10.2025 BSK 5 05 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 28621 OF 2025 Date: 16.10.2025 BSK