APHC010544572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHeI o ■mm ,0 WRIT PETITION NO: 28058 OF 2025 Between: 1. Dondapati Purnaiah, S/o. Dasaradha Ramaiah, aged 45 years, R/o. 4- 225/A, Nandiganna, Near KMR Hospital, NTR District, Andhra Pradesh. 2. Yaragarla Rambabu, S/o. VeOkateswarlu, aged 50 years, R/o. H. No. 1-113/2, Venkatayapalem, Raghunandhapalem, Khammam District, State of Telangana. < 3. Chalamalla Krishnaveni, W/o. Venkateswara Rao, aged 49 years, R/o. 15-7-R00015, Rotary Nagar, Khanapuram Haveli Urban, Khammann, State of Telangana. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its. Principal Secretary, Mines and Geology Department, Velagapudi, Guntur District. 2. The Tahsildar, Chinthalapudi Mandal, Eluru District, Andhra Pradesh. 3. The Station House Officer, Chintalapudi 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. AP 39 UZ 2619, TS 04 UE 7173 and TS 04 UE 2556 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 vehicles 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. AP 39 UZ 26f9, TS 04 UE 7173 and TS 04 UE 2556 of the petitioners pending disposal of the above writ petition. Counsel for the Petitioners: SRI V SAl KUMAR Counsel for the Respondent No.1: GP FOR MINES AND GEOLOGY Counsel for the Respondent Nd.2: GP FOR REVENUE Counsel for the Respondent No.3: GP FORHOME The Court made the following Order: / / APHC010544572025 / 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 WRIT PETITION NO: 28058/2025 Between: 1.DONDAPATI PURNAIAH. S/0. DASARADHA RAMAIAH. AGED 45 YEARS, R/0. 4-225/A, NANDIGANNA, NEAR KMR HOSPITAL, NTR DISTRICT, ANDHRA PRADESH. 2.YARAGARLA RAMBABU, , S/O. VENKATESWARLU, AGED 50 YEARS, R/0. H. RAGHUNANDHAPALEM, KHAMMAM TELANGANA. 3.CHALAMALLA KRISHNAVENI,, W/0. VENKATESWARA RAO, AGED 49 YEARS, R/0. 15-7-R00015, ROTARY NAGAR, KHANAPURAM HAVELI URBAN, KHAMMANN, STATE OF TELANGANA. NO. 1-113/2, VENKATAYAPALEM, DISTRICT, STATE OF ...PETITIONER{S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS. PRINCIPAL SECRETARY, VELAGAPUDI, GUNTUR DISTRICT. 2.THE TAHSILDAR, CHINTHALAPUDI MANDAL, ELURU DISTRICT, ANDHRA PRADESH. 3.THE STATION HOUSE OFFICER, CHINTALAPUDI POLICE STATION, ELURU DISTRICT, ANDHRA PRADESH. MINES AND GEOLOGY DEPARTMENT, ...RESPONDENT(S): Counsel for the Petitioner(S): I .VSAI KUMAR \ 2 MRK,J W.P.No.28058 of 2025 Counsel for the Respondent(S): 1.GP FOR MINES AND GEOLOGY 2 -'s/ 3 I MRK,J W.P.No.28058of 2025 The Court made the following ORDER: The writ petition is filed challenging the action of the respondents in seizing the Lorries bearing Nos.AP 39 UZ 2619, TS 04 UE 7173 and TS 04 UE 2556 belonging to the petitioners, in connection with FIR No.282 of 2025, without following the procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966. 2. Heard Sri Chetan learned representing Sri V.Sai Kumar, learned counsel for the petitioners and learned Government Pleader for Mines and Geology appearing for the respondents counsel With the consent of both the parties, the writ petition is disposed of at the stage of admission. 3. 4. Learned counsel for the petitioners contends that the petitioners have been using the subject vehicles for transportation purposes only. On 08.10.2025, the respondent herein seized the vehicles alleging that the petitioners have been transporting sand without valid documents. Learned counsel for the petitioners submits that the 3'^ respondent has illegally seized the vehicles of the petitioners and registered FIR No.282 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 , 5. 3 'Ov, \ 4 ^ MRK,J W.P.No.28058 of 2025 the learned counsel on a decision of this Court in W.P.No. 14271 of 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(III)(Q)(|) of the Industries and Commerce (Mines-lll), Department, dated as follows; to release the vehicles. In support of his contentions for the petitioners relies 2025, and prays the Court to dispose of the Writ said G.O.Ms.No.43 08.07.2024, reads 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 valid Sand Way bill the State and found transporting sand without /invoice shall be penalized as follows- Vehicle Type Tractor Lorry fitted with upto 10 tires capacity Lorry fitted with above 10 tires First Time fin Rs.) Upto 10,000/- Second Time (In Rs.) Rs.10,001/-to 20,000/- Upto 25,000/- Rs.25,001/- to 50,000/- 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 'X / ^ 5 MRK,J W.P.No.28058 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 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. CHITTI JOSEPH deputy registrar //TRUE COPY// V SECTION OFFICER \ ' To, 1. The Principal Secretary, Mines and Geology Department, Velagapudi, Guntur District. 2. The Tahsildar, Chinthalapudi Mandal, Eluru District, Andhra Pradesh. 3. The Station House Officer, Chintalapudi Police Station, Eluru District, Andhra Pradesh. 4. One CO to Sri V SAI KUMAR, Advocate [OPUC] 5. Two CCs to GP for MiHlES AND GEOLOGY High Court of Andhra Pradesh [OUT] 6. Two CCs to GP for REVEUE, High Court of Andhra Pradesh [OUT] 7. Two CCs to GP for HdME, High Court of Andhra Pradesh [OUT] 8. Two CD Copies Vna \ \ \ HIGH COURT \ \ \ \ DATED: 10/10/2025 ORDER WP NO. 28058 OF 2025 I I D OCT 2025 , Current Section ov» ml. DISPOSING OF THE WRIT PETITION WITHOUT COSTS