APHC010532422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 27527 OF 2025 Between: Syed Firdos, S/o.Faiaz Syed, aged about 26 years, R/o. 14-37, NTR Nagar, Ayyagaripet, Sattupalli village and mandal Khammam District -507303, Telangana ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines Veiagapudi, and Geology Department, Secretariat Buildings Amaravathi, Gutur District-522237. 2. The Tahsildar, Jeelugumilli, Eluru District. 3. The Station House Officer, Jeelugumilli Police Station, Eluru District. ...RESPONDENTS 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 an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3'"'^ Respondent in seizing the Lorry bearing TS04UE3479 of the Petitioner in connection with FIR No.86 of 2025 without following the procedure known to the law under irregular, arbitrary and contrary to the APMMC Rules, 1966 as illegal, 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 Petitioner forthwith in the interest of justice. lA 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 respondents to release the Lorry bearing No. TS04UE3479 of the Petitioner pending disposal of the above writ petition in the interest of justice Counsel for the Petitioner: SRI B. JAVA PRABHAKARA RAO Counsel for the Respondent No.1 :GP FOR MINES AND GEOLOGY Counsel for the Respondent No.2:GP FOR REVENUE Counsel for the Respondent No.3: GP FOR HOME The Court made the following order: - // / / ■■■/ APHC010532422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 27527/2025 Between: 1.SYED FIRDOS,, S/O.FAIAZ SYED. AGED ABOUT 26 YEARS, R/0. AGED ABOUT 26 YEARS, R/0. 14-37, NTR NAGAR, AYYAGARIPET, SATTUPALLI VILLAGE AND MANDAL KHAMMAM DISTRICT-507303, TELANGANA ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUTUR DISTRICT-522237. MINES AND GEOLOGY DEPARTMENT, 2.THE TAHSILDAR, JEELUGUMILLI, ELURU DISTRICT. 3.THE STATION HOUSE OFFICER, JEELUGUMILLI POLICE STATION ELURU 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 TS04UE3479 of the Petitioner in connection with FIR No.86 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 19(1)(g) of 'X Constitution respondents to reiease the the interest of justice Of India and above said vehicles consequently direct the of the Petitioner forthwith in lAjjO: 1 OF ?n9i; \ Patition under Section 151 CPr filed in support of the stated pleased to direct the respondents^ to r' Pl®esed TS04UE3479 of the Petitioner pendinn h- '""'''y '^®3ring -the-mtefest-offostice a-disposai of the above writ petition in Counsel for the Petitioner: 1BJAYAPRABHAKARA Counsel for the Respondent(S): 1GP FOR HOME 2. GP FOR revenue 3.GP FOR MINES AND GEOLOGY The Court made the following: No. RAO 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 27527/2025 ORDER: The writ petition is filed challenging the action of the 3*^^ respondent in seizing the Lorry bearing No.TS04 UE 3479 belonging to the petitioner, in connection with FIR No.86 of 2025, without following the procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966. Heard Sri B. Jaya Prabhakara Rao, learned counsel for the petitioner and learned 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. 2. Learned counsel for the petitioner contends that the petitioner has been using the subject vehicle for commercial use on hire. On 29.09.2025, when the vehicle was at outskirts of Lakshmipuram Village of Jellugumilli Mandal, the respondent herein seized the vehicle alleging that the petitioner has been transporting sand without valid documents. 3. rd 4. Learned counsel for the petitioner submits that the 3 respondent has illegally seized the vehicle of the petitioner and registered FIR No.86 of 2025 under Section 303(2), 318(4) r/w Section 3(5) Bharatiya Nyaya Sanhita, 2023 and 21(1) Mines and Minerals (Development and Regulation) Act, 1957. 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 2025, dated 01.08.2025 in terms of the said order. 08.07.2024. a decision of this Court on in W.P.No.20122 of and prays the Court to dispose Ha further relies of the Writ Petition on G.O.Ms.No.43 dated 5- The relevant clauses G.O.Ms.No.43 Industries 08.07.2024, reads as follows; of Clause 6(lll)(Q)(i) of the and Commerce (Mines-lll), Department, said dated Q. Offences and Penalties: i- In case of the vehicles engaged in illegal/ un-authorized areas (i.e., within 500 meters from Bridges, Dams, Railway lines snc cross drainage structures etc), transportation o, sand outside the State and found transporting /invoice shall be penalized as follows; excavation in the prohibited Ground water the structures. sand without valid Sand I4^ay bill Vehicle Type Tractor Lorry fitted with upto 10 tires capacity Lorry fitted with above 10 tires First Time fin Rsi ) Upto 10.000/- Upto 25,000/- _Second Time (In Rs.) Rs. 10,001/- to 20.000/- Rs.25,001/- to 50,000/- Rs.50,001/- to 1.00.000/- Rs. 50,001/- to -^_1MP00/- Upto 50,000/- Machinery Upto 50,000/- Thus, he argues that the alleged violations, they could. authorities cannot at the best levy only penalties. seize the vehicle for any 6. Considering the submissions of both upon perusing the material the learned counsel and on record, the Writ Petition is disposed of in 5 terms of the order passed in W.P.No.20122 of 2025, dated 01.08.2025 directing the respondent authorities to pass appropriate orders in terms of clause 6(lll)(Q)(i), of G.O.Ms.No.43 Industries and Commerce (Mines-lll), Department, dated 08.07.2024, for levying penalty, if any. After the levy of penalty, and on payment of such penalty, the seized vehicles shall be released by the 3'^^ respondent on producing the receipt of such payment and ownership documents of the vehicles to the satisfaction of the 3'^'^ respondent.There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. / Sd/- B. PRASADA RAO DEPUTY REGISTRAR //TRUE COPY// ! SECTION OFFICER To, 1. The Principal Secretary, Mines and Geology Department, State of Andhra Pradesh, Secretariat Buildings Velagapudi, Amaravathi, Gutur District-522237. 2. The Tahsildar, Jeelugumilli, Eluru District. 3. The Station House Officer, Jeelugumilli Police Station, Eluru District. 4. One CC to Sri B. Jaya Prabhakara Rao, Advocate [OPUC] 5. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. ssb \ \ HIGH COURT \ DATED:07/10/2025 ORDER WP No. 27527 OF 2025 1 OOGT 2025 mi. O Current Seciion DISPOSING OF THE W.P. WITHOUT COSTS