APHC010665072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 34304/2025 Between: 1. GUMMADI SRINIVASA RAO, S/O.JANARDHANA RAO, AGED ABOUT 45 YEARS, OCC OWNER OF VEHICLES, R/O.5-106, PANGIDUGUDEM VILLAGE, DWARAKATIRUMALA MANDAL, ELURU DISTRICT -534426. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522237. 2. THE DISTRICT MINES AND GEOLOGY OFFICER, ELURU, ELURU DISTRICT. 3. THE STATION HOUSE OFFICER, DWARAKA TIRUMALA POLICE STATION, ELURU DISTRICT. 4. THE ASSISTANT ENGINEER, , POLAVARAM RIGHT CANAL, BHIMADOLE SUB-DIVISIONAL, ELURU 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 particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in seizing the Lorry bearing No.AP07TM3456 and Construction Equipment Vehicles bearing No.AP39SV2730 of the Petitioner without 2 following the relevant procedure established by law under APMMC Rules, 1966 as illegal, irregular, arbitrary and contrary to the procedure established by law and violative of Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the said vehicles of the Petitioner 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 release the Lorry bearing NO.AP07TM3456 and Construction Equipment Vehicle bearing NO.AP39SV2730 of the Petitioner pending disposal of the above writ petition in the interest of justice and pass Counsel for the Petitioner: 1. B JAYA PRABHAKARA RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR IRRI AND CAD 3. GP FOR MINES AND GEOLOGY The Court made the following: ORDER: The writ petition is filed challenging the action of the respondents in seizing the Lorry bearing No.AP07TM3456 and Construction Equipment Vehicle bearing No.AP39SV2730 belonging to the petitioner, in connection with FIR No.270 of 2025, without following the procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966. 2. Heard Sri B. Jaya Prabhakara Rao, learned counsel for the petitioner and Smt. Sudeepthi Potluri, learned Assistant Government 3 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 petitioner contends that the petitioner’s vehicles 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.33346 of 2025, dated 03.12.2025. 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 3rd respondent is 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 vehicles bearing Nos. AP07TM3456 and AP39SV2730 seized by the 3rd respondent to the petitioner 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. 4 As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 09.12.2025 MSI 5 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 34304/2025 Date: 09.12.2025 MSI