APHC010619732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 32021 OF 2025 Between: 1. VADDEPALLI BHULAKSHMI, W/O.MALLIKARJUNA RAO, AGED ABOUT 39 YEARS, OWNER OF LORRY R/O. 2-142, TUMMALAPALEM, BOYAPALEM VILLAGE, PRATHIPADU MANDAL, GUNTUR DISTRICT 522233. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522237. 2. THE DISTRICT MINES AND GEOLOGY OFFICER, GUNTUR, GUNTUR DISTRICT. 3. THE STATION HOUSE OFFICER, THULLURU POLICE STATION, GUNTUR 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 appropriate order or direction more particularly one in the of Writ of Mandamus declaring the action of the 3RD issue an nature Respondent in seizing the Lorry bearing No.AP39WB5495 of the Petitioner in connection with FIR No.216 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 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.AP39WB5495 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 MINES AND GEOLOGY THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 32021 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 WB 5495 of the petitioner without following the relevant procedure established by law under APMMC Rules, 1966. 2. Heard Sri B.Jaya Prabhakara Rao, 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 learned counsel, the writ petition is disposed of at the stage of admission. 3. Learned counsel for the petitioner submits that the petitioner 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.19270 of 2025 dated 25.07.2022. 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 2nd & 3rd 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 No.AP 39 WB 5495 seized by the respondents 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, all pending miscellaneous applications shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 18.11.2025 BSK 61 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 32021 OF 2025 Date: 18.11.2025 BSK