APHC010540872025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEM WRIT PETITION NO: 28043 OF 2025 Between: 1. Mallempati Suresh, S/o. Raghlipathi, aged 44 years, R/o. 10-6- 147/4, RTC Colony, Road No.2, Khanauram Haveli Urban, Khammam, State ofTelangana. 2. Dondapati Purnaiah, S/o. Dasaradha Ramaiah, aged 35 years, R/o. D. No. 4-225/A, Near KMR Hospital, Nandigama, NTR District, Andhra Pradesh. 3. Chalamalla Krishnaveni, W/O: Venkateswara Rao, aged 48 years, R/o. No. 15-7-R00015, Rptary Nagar, Khanauram Haveli Urban, Khammam, State of Telangana. H. ...Petitioners AND 1. The State Of Andhra Pradesh, Rep. by its. Principal Secretary, Mines and Geology Department, Velagapudi, Guntur District. 2. The Tahsildar, Jeelugumilli Mandal, Eluru District, Andhra Pradesh. 3. The Station House Officer, Jeelugumilli Police Station, Eluru District, Andhra Pradesh. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may / / be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in seizing the Lorries bearing Nos. TG 04 T 3663, AP 39 UX 4554, TS 04 UE 2565 and TS 04 UE 6696 of the petitioners without following any procedure under statutes as illegal, arbitrary and violative, of the procedure contemplated under the A.P. Minor Mineral Concession Rules, 1966 and provisions of the Mines and Minerals (Development and Regulation) Act, 1957., and the rules made there under apart from being violation of Article 14, 19(1)(g) and 300-A of Constitution of India and consequently direct the respondents to release the vehicle of the petitioners from their custody. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd and 3rd respondents to grant interim custody the Lorries bearing Nos. TG 04 T 3663, AP 39 UX 4554, TS 04 UE 2565 and TS 04 UE 6696 of the petitioners pending disposal of the above writ petition. Counsel for the Petitioners: SRI V SAI KUMAR 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: 7 • / d . A.. / APHC010540872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] FRIDAY,THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 28043/2025 Between; 1.MALLEMPATI SURESH, S/0. RAGHUPATHI, AGED 44 YEARS, R/0. 10-6- 147/4, RTC COLONY, ROAD N0.2, KHANAURAM HAVELI URBAN, KHAMMAM,STATEOF TELANGANA. 2.. DONDAPATI PURNAIAH, , S/0. DASARADHA RAMAIAH, AGED 35 YEARS, R/0. D. NO. 4-225/A, NEAR KMR HOSPITAL, NANDIGAMA, NTR DISTRICT, ANDHRA PRADESH. 3.CHALAMALLA KRISHNAVENI,, W/0. VENKATESWARA RAO, AGED 48 YEARS, R/0. H. NO. 15-7-R00015, ROTARY NAGAR, KHANAURAM HAVELI URBAN, KHAMMAM, STATE OF TELANGANA. ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS. PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE TAHSILDAR, JEELUGUMILLI MANDAL, ELURU DISTRICT, ANDHRA PRADESH. 3.THE STATION HOUSE OFFICER, , JEELUGUMILLI POLICE STATION, ELURU DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): T 2 MRK,J W.P.No.28043 of 2025 Counsel for the Petitioner(S): 1.VSAI KUMAR \ Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE 3.GP FOR MINES AND GEOLOGY 2 3 MRKJ W.P.No.28043 of 2025 The Court made the following ORDER: The writ petition is filed challenging the action of the respondents seizing the Lorries bearing Nos.TG 04 T 3663, AP 39 UX 4554, TS 04 UE 2565 and TS 04 UE 6696 belonging to the petitioners, in connection with FIR No.93 of 2025, without following the procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966. in 2. Heard Sri Chetan, learned counsel representing Sri V.Sai Kumar, learned counsel for the petitioners and learned Government Pleader for Mines and Geology appearing for the respondents 3. With the consent of both the parties, the writ petition is disposed of at the stage of admission. 4. Learned counsel for the petitioners contends that the petitioners have been using the subject vehicles for transportation purposes only. On 07.10.2025, the 3*^^ respondent herein seized the vehicles alleging that the petitioners have been transporting sand without valid documents. 5. Learned counsel for the petitioners submits that the 3 respondent has illegally seized the vehicles of the petitioners and registered FIR No.93 of 2025 under Sections 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 3 4 MRK,J W.P.No.28043 of 2025 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.14271 of 2025, and prays the Court to dispose of the Writ Petition in-terms of the said order. He further relies on G.O.Ms.No.43 dated 08.07.2024. 6. The relevant clauses of Clause 6(lll)(Q)(i) of the said G.O.Ms. No.43 Industries and Commerce (Mines-lll), Department, dated 08.07.2024, 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 Way bill the State and found transporting sand without valid Sand /invoice shall be penalized as follows^ Vehicle Type Tractor Lorry fitted with upto 10 tires capacity Lorry fitted with above 10 tires First Time (In Rs.) Upto 10,000/- Second Time (In Rs.) Rs. 10,001/- to 20,000/- Rs.25,001/- to 50,000/- Upto 25,000/- Rs.50,001/- to 1,00,000/- Rs.50,001/- to 1,00,000/- Upto 50,000/- Machinery Upto 50,000/- Thus, he argues that the authorities cannot alleged violations, they could, at the best levy only penalties. seize the vehicle for any 7. Considering the submissions of both the learned counsel and upon perusing the material on record, the Writ Petition is disposed of in terms of 4 7 5 7 MRK,J W.P.No.28043 of 2025 / the order passed in W.P.No.14271 of 2025, dated 17.06.2025 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 stand closed. Sd/- B. CHITTl JOSEPH deputy registrar //TRUE COPY// if • SECTION OFFICER II . To 1. The Principal Secretary, Mines and Geology Department, Velagapudi, Guntur District. 2. The Tahsildar, Jeelugumilli Mandal, Eluru District, Andhra Pradesh. 3. The Station House Officer, Jeelugumilli Police Station, Eluru District, Andhra Pradesh. 4. One CC to SRI. V SAI KUMAR 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. - AL HIGH COURT CC TODAY K. DATED:10/10/2025 ORDER WP NO. 28043 OF 2025 s 10 OCT 2025 „ ^ Current Section m f DISPOSING OF THE W.P. WITHOUT COSTS