APHC010709342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 36325/2025 Between: 1. SMT. CHERUKURI VASAVI,, W/O. SIVA SHANKAR, AGED 38 YEARS, RIO. FLAT NO. 403, C-BLOCK, GAJALAPETA, IBRAHIMPATNAM, SRI LAKSHMI NARASIMHA HOMES, NTR DISTRICT, ANDHRA PRADESH-521456. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH-522237. 2. THE TAHSILDAR, THULLURU MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH-522237. 3. THE STATION HOUSE OFFICER, THULLURU POLICE STATION, THULLURU, GUNTUR DISTRICT, ANDHRA PRADESH-522237. ...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 to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in seizing the Tipper Lorry bearing No. AP 39 WK 1339 of the petitioner without following any procedure under statutes as illegal, arbitrary and violative of the procedure contemplated under the A.P. Minor Mineral Concession Rules, 1966 and 2 provisions of the Mines and Minerals (Development and Regulation) Act, 1957., and the rules made there under apart from being violation of Article 14, 19(1)(g) and 300-A of Constitution of India and consequently direct the respondents to release the vehicle of the petitioner from their custody 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 to direct the 2nd and 3rd respondents to grant interim custody of Tipper Lorry bearing No. AP 39 WK 1339 to the petitioner pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. RAJA SEKHAR SYKAM 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 respondents in seizing the Tipper Lorry bearing No.AP39 WK 1339 belonging to the petitioner, without following the relevant procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966. 2. Heard Sri Raja Sekhar Sykam, learned counsel for the petitioner and learned Assistant Government 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 3. Learned counsel for the petitioner contends that the petitioner’s vehicle was seized without authority of law and in violation of the provisions of Rule 26 Sub-Rule (3)(iii) 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.32021 of 2025, dated 18.11.2025. 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 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 bearing No.AP39 WK 1339 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. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 30.12.2025 MSI 4 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 36325/2025 Dated: 30.12.2025 MSI