APHC010588562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 30472 OF 2025 Between: 1. BALLA VENKATA SUBBARAO, S/O. RAMAKRISHNA AGED ABOUT 42 YEARS, OWNER OF LORRY, R/O. H.NO.4-93, SIVALAYAM STREET, SREENIVASAPURAM, JANGAREDDIGUDEM MANDAL ELURU DISTRICT-534447. 2. SMT. GANTA SITA MAHALAKSHMI,, W/O. GANTA TATAYYA KAPU, AGED ABOUT 60 YEARS. OWNER OF LORRY, R/O. 2-21, GANTA VARI STREET, KOTTAPATTISAM, GUTALA POLAVARAM MANDAL, ELURU DISTRICT-534341. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522237. 2. THE DISTRICT LEVEL TASK FORCE TEAM, RAJAHMUNDRY, EAST GODAVARI DISTRICT. 3. THE DISTRICT MINES AND GEOLOGY OFFICER, EAST GODAVARI DISTRICT AT RAJAHMUNDRY, 4. THE STATION HOUSE OFFICER, KOVVUR TOWN POLICE STATION, EAST GODAVARI 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 3rd Respondent in seizing the Lorry bearing No.AP39WD3566 of the 1st Petitioner and Lorry bearing No.AP39LIX4579 of the 2nd Petitioner in connection with FIR No.264 of 2025 without following the procedure known to the law under APMMC Rules, 1966 as illegal, irregular, arbitrary and contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the above said vehicles of the Petitioners 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.AP39WD3566 of the 1st Petitioner and Lorry bearing No. AP39UX4579 of the 2nd Petitioner pending disposal of the above writ petition in the interest of justice and pas Counsel for the Petitioner(S): 1. B JAYA PRABHAKARA RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR MINES AND GEOLOGY THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 30472 OF 2025 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 WD 3566 of the 1st Petitioner and Lorry bearing No.AP 39 UX 4579 of the 2nd Petitioner, in connection with FIR No.264 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 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 contended that the petitioners have been using the subject vehicles for commercial purposes only. When the vehicles were at Arikarevula, Kovvur Mandal, the 2nd respondent herein has seized the vehicles alleging that the petitioners have been transporting sand without valid documents. The 2nd respondent has handed over to the 4th respondent until further orders and the 2nd respondent has no authority to seize the vehicles. 4. Learned counsel for the petitioners submit that the 4th respondent has illegally seized the vehicles of the petitioners and registered FIR No.264 of 2025 under Section 303(2) Bharatiya Nyaya Sanhita, 2023, 22(1) of Mines and Minerals (Development and Regulation) Act. Hence, he prays the Court to direct the respondents to release the vehicles. In support of his contentions, the learned counsel for the petitioners relies on a decision of this Court in W.P.No.29984 of 2025, prays the Court to dispose of the Writ Petition in terms of the said order. He further relies on G.O.Ms.No.100 dated 26.06.2025. 5. The relevant clauses of Clause 19(a) of the said G.O.Ms.No.100 Industries and Commerce (Mines-II), Department, dated 26.06.2025, reads as follows: Q. Offences and Penalties: i. In case of the vehicles engaged in illegal/ un-authorized excavation in the prohibited areas (i.e., within 500 meters from the Ground water structures, Bridges, Dams, Railway lines and cross drainage structures etc.), transportation of sand outside the State and found transporting sand without valid Sand Way bill /invoice shall be penalized as follows; Vehicle Type First Time (In Rs.) Second Time (In Rs.) Tractor Upto 10,000/- Rs.10,001/- to 20,000/- Lorry fitted with upto 10 tires capacity Upto 25,000/- Rs.25,001/- to 50,000/- Lorry fitted with above 10 tires Upto 50,000/- Rs.50,001/- to 1,00,000/- Machinery Upto 50,000/- Rs.50,001/- to 1,00,000/- Thus, he argues that the authorities cannot seize the vehicle for any alleged violations, they could, at the best levy only penalties. 6. Considering the submissions of both the learned counsel and upon perusing the material on record, the Writ Petition is disposed of in terms of the order passed in W.P.No.29984 of 2025, dated 31.10.2025 directing the respondent authorities to pass appropriate orders in terms of clause 19(a), of G.O.Ms.No.100, Industries and Commerce (Mines-III), Department, dated 26.06.2025, for levying penalty if any. After levy of penalty and on payment of such penalty, the seized vehicles shall be released by the 4th respondent on producing of the receipt of such payment and ownership documents of the vehicles to the satisfaction of the 4th respondent. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 05.11.2025 BSK 04 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 30472 OF 2025 Date: 05.11.2025 BSK