APHC010482542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 24676 OF 2025 Between: Polarouthu Maruthi Nooka Shankar Rao, Proprietor of M/s. Sai Enterprises S/o. Poluraotuh Appalanaidu, Aged 37 years, D.No. 12-26-4/4, B.C.Road Gajuwaka, Visakhapatnam. ...Petitioner AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P. Secretariat office Velagapudi, Amaravati, Guntur District. 2. State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department, A.P. Secretariat office, Velagapudi, Amaravati, Guntur District. 3. The District Head, The Andhra Pradesh State Housing Corporation Ltd., 1®* Floor, VUDA Building, Sector-XII, M.V.P.Colony, Visakhapatnam. 4. The Tahsildar, Sabbavaram Anakapalli District. 5. The Asst Director, Mines and Geology Department Anakapalli. ...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 an order or direction or writ, more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents 4 not considering Letter N0.830A/g/2006, dated 21.8.2025 and Inspection report dated 20.8.2025 of the respondent 5 and not releasing the vehicles AP31 W 5099, AP35 Y 5391, AP31 ES 3989, seized by the respondent 4, against the false allegation of illegal activity in Sy.No. 162/P, 164/P, 167,168 of Pydivwada Agraharam and Sy. No126 and128 of Yerukunaidupalem village, Sabbavaram Mandal, Anakapalli District as highly arbitrary, illegal, null and void and against the principles of natural justice and violation of Articles 21 and 300-A of the Constitution of India and consequently to direct the respondents 4 to release the vehicles considering the Letter N0.830/Vg/2006, dated 21.8.2025 and Inspectioh teport dated 20.8.2025 of respondent 5. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to consequently to direct the respondents 4 to release the vehicles considering the Letter N0.830A/g/2006, dated 21.8.2025 and Inspection report dated 20.8.2025 of respondent 5. Counsel for the Petitioner: SRI K. S. NAGENDRA VARA PRASAD Counsel for the Respondent Nos.1 & 4 : GP FOR REVENUE Counsel for the Respondent Nos.2 & 5 : GP FOR MINES AND GEOLOGY Counsel for the Respondent No.3 : SRI KALYAN CHAKRAVARTHY, SCFORAPSHCL The Court made the following order: APHC010482542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 24676/2025 Between: 1.POLAROUTHU MARUTHI NOOKA SHANKAR RAO, PROPRIETOR OF M/S. SAI ENTERPRISES S/0. POLURAOTUH APPALANAIDU, AGED 37 YEARS D.NO. 12-26-4/4, B.C.ROAD GAJUWAKA, VISAKHAPATNAM ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT OFFICE VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, A.P. SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3.THE DISTRICT HEAD, THE ANDHRA PRADESH STATE HOUSING CORPORATION LTD., 1ST FLOOR, VUDA BUILDING, SECTOR-XII, M.V.P.COLONY, VISAKHAPATNAM. 4.THE TAHSILDAR, SABBAVARAM ANAKAPALLI DISTRICT. 5.THE ASST DIRECTOR, MINES AND GEOLOGY DEPARTMENT ANAKAPALLI. ...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 order or direction or writ, more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents 4 not considering Letter N0.830/Vg/2006, dated 21.8.2025 and Inspection report / 2 dated 20.8.2025 of the respondent 5 and not releasing the vehicles AP31 W 5099, AP35 Y 5391, AP31 ES 3989, seized by the respondent 4, against the false allegation of illegal activity in Sy.No. 162/P, 164/P, 167,168 of Pydivwada Agraharam and Sy. No126 and128 of Yerukunaidupalem village, Sabbavaram Mandal, Anakapalli District as highly arbitrary, illegal, null and void and against the principles of natural justice and violation of Articles 21 and 300-A of the Constitution of India and consequently to direct the respondents 4 to release the vehicles considering the Letter N0.830/Vg/2006, dated 21.8.2025 and Inspection report dated 20.8.2025 of respondent 5, 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 consequently to direct the respondents 4 to release the vehicles considering the Letter N0.830A/^/2006, dated 21.8.2025 and Inspection report dated 20.8.2025 of respondent 5, ' Counsel for the Petitioner: 1. K S NAGENDRA VARA PRASAD Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR MINES AND GEOLOGY The Court made the following: ORDER: Heard Sri K.S.Nagendra Vara Prasad, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and learned Government Pleader for Mines and Geology. The grievance of the petitioner is that the 4‘^ respondent has illegally seized the vehicles of the petitioner. The contention of the petitioner is that the 4*^ respondent has illegally seized the vehicles belonging to the -t petitioner. It is stated that the said vehicles were engaged in the execution of 2. 77/ /-/ " / / ' / 3 works relating to the construction of houses for the beneficiaries identified by GVMC undertaken by the Andhra Pradesh State Housing Corporation. While the said works were in progress, the respondent has illegally seized the vehicles, alleging that they were involved in illegal excavation of gravel. 3. When the matter Hai^s been taken up for consideration, the learned Government Pleader for Mines,and Geology has placed before the Court, a copy of the instructions, received in the case. A perusal of the same would reflect that the Andhra Pradesh State Housing Corporation vide its letter dated 29.07.2025 had requested the Tahsildar and the Assistant Director, Mines and Geology to allow the subject vehicles to enable them to carry out the operation of filling of basement at the. construction site. 4^'’ respondent seized the vehicles on 11.08.2025. The District Mines and Despite the same, the Geology Officer vide his letter dated 21.08.2025 had requested the Tahsildar to release the vehicles, stating that the nature of the work undertaken by the petitioner would not amount to illegal excavation. Since the Tahsildar did not accede to the request made by Mines Department, the petitioner has approached this Court through the present writ petition, seeking release of the vehicles. 4. Having regard to the proceedings of the District Mines and Geology Officer in No.830/Vg/2006, dated 21.08.2025, the writ petition is disposed of, directing the 4*^ respondent to release the vehicles seized by him. There shall be no order as to costs. / / / / 4 •' // As a sequel, interlocutory applications, pending if any, shall stand closed. Sd/- G HELA NAIDU DEPUTY REGISTRAR //TRUE COPY// <3^ SECTION OFFICER To, 1. The Principal Secretary, Pradesh, A.P. Secretariat office District. 2. The Principal Secretary, Mines and Geology Department, State of Andhra Pradesh, A.P. Secretariat office, Guntur District. Revenue Department, State of Andhra Velagapudi, Amaravati, Guntur Velagapudi, Amaravati 3. The District Head, The Andhra Pradesh State Floor, VUDA Building Housing Corporation Sector-XII, M.V.P.Colony, St Ltd., 1 Visakhapatnam. 4. The Tahsildar, Sabbavaram Anakapalli District. 5. The Asst Director, Mines and Geology Department Anakapalli. 6. One CC to Sri K. S. Nagdndra Vara Prasad, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Mines and Geology, High Court of Andhra [OUT] 9. One CC to Sri Kalyan Chakravarthy, SC for APSHC (OPUC) 10. Two CD Copies Pradesh Cnr HIGH COURT \ DATED:18/09/2025 ifi ORDER WP NO. 24676 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS