APHC010682772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 35157/2025 Between: 1. LINGANATHA KUMAR, S/O. ANNAMALAI, AGED ABOUT 38 YEARS, R/O.D.NO.1-26, VAIDURIA VEEDHI, SANTHANAVENUGOPALAPURAM, VANGANUR PO, TIRUVALLUR DISTRICT, TAMILNADU - 631304. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUTUR DISTRICT-522237. 2. THE DIRECTOR OF MINES AND GEOLOGY, DEPARTMENT, CHITTOOR, CHITRTOOR DISTRICT. 517001 3. THE REVENUE DIVISIONAL OFFICER, CHITTOOR, CHITTOOR DISTRICT. 517001 4. THE TAHSILDAR, PALASAMUDRAM, CHITTOOR DISTRICT. 517001 5. THE SUBINSPECTOR OF POLICE, PALASAMUDRAM POLICE STATION, CHITTOOR DISTRICT. 517001 ...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 2 respondents 2 to 4 despite the fact that the letter forwarded by the 5 respondent for levying penalty in seizing the Lorry bearing No.TN 46H 4743 without following the procedure known to the law under APMMC Rules, 1966 as illegal, irregular, arbitrary, highhanded 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 vehicle 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.TN 46H 4743 of the Petitioner pending disposal of the above writ petition in the interest of justice and pass Counsel for the Petitioner: 1. N SRIHARI 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 respondent Nos.2 to 4 in seizing the Lorry bearing No.TN46 H 4743 belonging to the petitioner, without following the relevant procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966. 2. Heard Sri N. Srihari, learned counsel for the petitioner and Smt. Sudeepthi Potluri, 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 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 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 respondent Nos.2 & 5 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 vehicle bearing No.TN46 H 4743 seized by the 5th 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: 19.12.2025 MSI 4 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 35157/2025 Dated: 19.12.2025 MSI