APHC010701062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] FRIDAY,THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 36220/2025 Between: 1. BELLAMKONDA VENKATA SIVA KRISHNA, S/O BELLAMKONDA GOPALA KRISHNA, AGED ABOUT 40 YEARS, R/O.5-64/1, RAMAYALAYAM VEEDHI, PEDAVEGI MANDALAM, VEGIVADAVARAM VELURU, ELURU DISTRICT, AP-534452. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, A.P-522 238. 2. THE DIVISIONAL DIRECTOR OF MINES AND GEOLOGY OFFICER, ELURU, ELURU DISTRICT-534006. 3. THE STATION HOUSE OFFICERS H O, T.NARASAPURAM POLICE STATION, ELURU DISTRICT, AP-534456. ...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 pass an order or orders or direction more particularly one in the nature of WRIT OF MANDAMUS declaring that the action of the respondents herein in intercepting and seizing the Petitioner's Vehicle i.e Goods Carriage Vehicle-HMV (Heavy Motor Vehicle), bearing registration No. AP 39 TB 5679, without following any procedure contemplated under law, 2 as illegal arbitrary, unauthorized, without jurisdiction and unconstitutional, contrary to the provisions of A.P Minor Mineral Concession Rules, 1966, Mines and Minerals (Development and Regulation Act), 1957 and rules made there under, besides being violative of the Petitioner's rights guaranteed under Article 14, 19(1)(g) and 21 of the Constitution of India and Consequently direct the respondents herein to release the Petitioner's vehicle i.e. Goods Carriage Vehicle-HMV (Heavy Motor Vehicle), bearing registration No. AP 39 TB 5679 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 2nd Respondent herein to grant interim custody of the Petitioner's vehicle i.e. Goods Carriage Vehicle-HMV (Heavy Motor Vehicle), bearing registration No. AP 39 TB 5679 and pass Counsel for the Petitioner: 1. CKR ASSOCIATES Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR MINES AND GEOLOGY The Court made the following: 3 ORDER; The writ petition is filed challenging the action of the respondents in seizing the Goods Carriage Vehicle-HMV (Heavy Motor Vehicle) bearing No.AP 39 TB 5679 belonging to the petitioner, in connection with FIR No.163 of 2025, without following the procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966. 2. Heard Sri N.Sai Phanindra Kumar, learned counsel for the petitioner and the learned Assistant 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. 3. Learned counsel for the petitioner contends that the petitioner he is eking out his livelihood by doing transport business and he is the owner of the subject vehicle. On 19.12.2025, when the vehicle was travelling from Rajupothepalli Village to T.Narasapuram, the 3rd respondent herein seized the vehicle alleging that the petitioner has been transporting sand without valid documents. 4. Learned counsel for the petitioner submits that the 3rd respondent has illegally seized the vehicle of the petitioner and registered FIR No.163 of 2025. Hence, he prays the Court to direct the respondents to release the vehicle. In support of his contentions, the learned counsel for the petitioners relies on a decision of this Court in W.P.No.29984 of 2025, 4 and 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. 5. The relevant clauses of Clause 19(a) of the said G.O.Ms.No.100 Industries & Commerce (Mines-II) Department, dated 26.06.2025, read as follows: 19. Offences and Penalties: (a). 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 permit 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 vehicle 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.29984 of 2025, dated 31.10.2025 5 directing the respondent authorities to pass appropriate orders in terms of clause 19(a), of G.O.Ms.No.100 Industries & Commerce (Mines-II) Department, dated 26.06.2025, for levying penalty, if any. After the levy of penalty, and on payment of such penalty, the seized vehicles shall be released by the 3rd respondent on producing 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 SUMATHI JAGADAM Dated: 26.12.2025 Note: Issue CC by 29.12.2025 RSD 6 2 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 36220/2025 Dated: 26.12.2025 Note: Issue CC by 29.12.2025 RSD