APHC010645742025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: Between: 1. BHUKYA BALAJI, S/O.BHUKYA RAJU, AGED ABOUT 44 YEARS, OCC OWNER OF LORRY, R/O.H.NO.8 PANGIDIGUDEM, DWARAKATIRUMALA MANDAL, ELURU 2. PRATTIPATI PEDDIRAJU, S/O. BABU RAO, AGED ABOUT 42 YEARS. OWNER OF VILLAGE, 4TH WARD, DENDULURU MANDAL, ELURU 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUN DISTRICT-522237. 2. THE DISTRICT MINES AND GEOLOGY OFFICER, ELURU, ELURU DISTRICT. 3. THE STATION HOUSE OFFICER, BHIMADOLE POLICE STATION, ELURU DISTRICT. 4. THE TAHSILDAR, BHIMADOLE MANDAL, ELURU DISTRICT. Counsel for the Petitioner(S): 1. B JAYA PRABHAKARA RAO IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 33346 OF 2025 BHUKYA BALAJI, S/O.BHUKYA RAJU, AGED ABOUT 44 YEARS, OCC OWNER OF LORRY, R/O.H.NO.8-59, S.T. PETA, PANGIDIGUDEM, DWARAKATIRUMALA MANDAL, ELURU - PRATTIPATI PEDDIRAJU, S/O. BABU RAO, AGED ABOUT 42 YEARS. OWNER OF LORRY R/O.H.NO.1-82, MUPPAVARAM VILLAGE, 4TH WARD, DENDULURU MANDAL, ELURU - 534425. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUN THE DISTRICT MINES AND GEOLOGY OFFICER, ELURU, ELURU THE STATION HOUSE OFFICER, BHIMADOLE POLICE STATION, THE TAHSILDAR, BHIMADOLE MANDAL, ELURU DISTRICT. ...RESPONDENT(S): Petitioner(S): B JAYA PRABHAKARA RAO IN THE HIGH COURT OF ANDHRA PRADESH [3458] THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA BHUKYA BALAJI, S/O.BHUKYA RAJU, AGED ABOUT 44 YEARS, 59, S.T. PETA, - 534425. PRATTIPATI PEDDIRAJU, S/O. BABU RAO, AGED ABOUT 42 82, MUPPAVARAM 534425. ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR THE DISTRICT MINES AND GEOLOGY OFFICER, ELURU, ELURU THE STATION HOUSE OFFICER, BHIMADOLE POLICE STATION, THE TAHSILDAR, BHIMADOLE MANDAL, ELURU DISTRICT. ...RESPONDENT(S): 2 Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP FOR MINES AND GEOLOGY The Court made the following order: The writ petition is filed challenging the action of the 3rd respondent in seizing the Lorry bearing No.AP 39 WG 0414 of the 1st petitioner and Lorry bearing No.AP 27 UB 7178 of the 2nd petitioner without following the relevant procedure established by law under APMMC Rules, 1966. 2. Heard Sri B.Jaya Prabhakara Rao, learned counsel for the petitioners Smt. Sudeepthi Potluri, learned Assistant Government Pleader for Mines and Geology and learned Assistant Government Pleader for Home appearing for the respondents. 3. Learned counsel for the petitioners submits that the petitioners vehicle were 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. He further submits that a direction may be given to the respondent authorities to pass appropriate orders for the release of the vehicles and he relies on the decision of this Court passed in W.P.No.32021 of 2025 dated 18.11.2025. 4. Learned Assistant Government Pleader for Mines and Geology and learned Assistant Government Pleader for Home appearing for the 3 respondents would not dispute the issue being covered by an earlier decision of this Court. 5. In view of the above, the 2nd & 3rd respondents are directed to pass orders in terms of Sub-Rule (3)(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966 and collect the due seigniorage fee and penalty as per law and release the vehicle Nos.AP 39 WG 0414 and AP 27 UB 7178 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. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. _____________________________ JUSTICE KIRANMAYEE MANDAVA Date: 03.12.2025 BSK 4 06 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 33346 OF 2025 Date: 03.12.2025 BSK