APHC010700182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 35886 OF 2025 Between: 1. CHALAMALLA SUMANTH KUMAR, S/O. VENKATESWARA RAO AGED ABOUT 29 YEARS, R/O.15-7-RO0015, ROTARY NAGAR, KHANAPURAM HAVELI, KHAMMAM, KHAMMAM DISTRICT - 507002, TELANGANA. ...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 TAHSILDAR, VATSAVAI, NTR DISTRICT. 521402 3. THE STATION HOUSE OFFICER, VATSAVAI POLICE STATION, NTR COMMISSIONERATE, NTR DISTRICT. 521402 ...RESPONDENT(S): Counsel for the Petitioner: 1. B JAYA PRABHAKARA RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP FOR MINES AND GEOLOGY 2 The Court made the following order: The writ petition is filed challenging the action of the respondents in seizing the Lorry bearing Nos.TS 04 UD 9918 and TS 04 UD 8388 belongs 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 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 contended that the petitioner has been using the subject vehicles for commercial purposes only. On 20.11.2025, when the vehicles were at Vatsavai Border Checkpost, Vatsavai Village and Mandal, the 3rd respondent herein has seized the vehicles alleging that the petitioner has been transporting sand without valid documents. 4. Learned counsel for the petitioner submit that the 3rd respondent has illegally seized the vehicles of the petitioner and registered FIR No.270 of 2025 under Section 303(2) Bharatiya Nyaya Sanhita, 2023, 27 of the Andhra Pradesh Water, Land and Trees Act, 2002. Hence, he prays the Court to direct the respondents to release the vehicles. In support of his contentions, the learned counsel for the petitioner relies on a decision of this Court in W.P.No.30716 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. 3 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 vehicles 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.30716 of 2025 dated 06.11.2025 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 3rd respondent on 4 producing of the receipt of such payment and ownership documents of the vehicles to the satisfaction of the 3rd 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: 23.12.2025 BSK 5 07 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 35886 OF 2025 Date: 23.12.2025 BSK