APHC010073632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 3826/2025 Between: Sri Peteti Show Babu, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. VENKAT CHALASANI Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY 2 The Court made the following order:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “…..declaring to issue a Writ of MANDAMUS, declaring the action of the 6th respondent in not releasing my proclainer of TATA HITACHI EX-200LCI Backhoe Hydraulic Excavator, Machine S.No.5200-21417 which was seized by 5th respondent on 05.02.2025 at 09.30 PM near Krishna River, Thotlavalluru Village in Survey No.445 alleging that Kolli Srinivasarao excavating sand with my proclainer and the same was reported to SHO Thotlavalluru P.S. who registered a case in Crime No.43 of 2025 Under sections 35(1) r/w 27 APWALTA Act and the seized vehicle was kept in the Police Station, Thotlavalluru, as illegal, arbitrary, against principles of natural Justice, contrary to the provisions of A.P.Minor Mineral Concession Rules, 1966 and contrary to the various G.O’s issued by the Government from time to time and consequently direct the respondent authorities to release the vehicle machinery, vehicle and pass such other order or orders…….” 2. The short grievance of the petitioner is that the 6th respondent is not releasing the petitioner’s vehicle, which was seized when excavating the sand. 3. Learned Government Pleader furnished order copy dated 29.04.2024 delivered in W.P.No.10002 of 2024, which transpires that the vehicle was seized under the APWALTA Act and interim custody was given on condition of depositing a sum of Rs.4,00,000/- (Rupees four lakhs only). The Court also directed to file an undertaking to the effect 3 that the petitioner would make available the said vehicle as and when the same was required for investigation by the authorities. 4. Considering the facts and circumstances of the case and in view of the interim orders passed in W.P.No.10002 of 2024 dated 29.04.2024, the present Writ Petition is disposed of, directing the 6th respondent to release the petitioner’s TATA HITACHI EX-200LCI Backhoe Hydraulic Excavator, Machine S.No.5200-21417, on condition of depositing an amount of Rs.4,00,000/- (Rupess four lakhs only), before the 2nd respondent within a period of one week from the date of receipt of a copy of this order. The petitioner is also directed to produce the ownership documents of the said vehicle to the 6th respondent and also to give an undertaking for production of vehicle, as directed by the respondent No.6. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHARA RAO Date: 13.02.2025 KBN 4 40 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO WRIT PETITION No.3826 of 2025 Date: 13.02.2025 KBN