IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT __ _ THE HONOURABLE DR JUSTICE K.MANMADHA RAO WRIT PETITIONNO: 5036 OF 2025 foomo ♦ >& Between: 1. Jalla Lalitha Kumari, W/o. Venkata Satyanarayna aged about 54 years, Owner of Lorry, R/o. 8/2-23, NTR Colony, Gudivada, Krishna District - 521301. 2. Jalla Vdhyadhar, S/o. Venkata Satyanarayna aged about 37 years. Owner of Lorry, R/o. 8/2-23, NTR Colony, Gudivada, Krishna District- 521301. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department, Secretariat Buildings Velagapudi Amaravathi, Guntur District-522237. 2. The Tahsildar, Pamarru, Krishna District. 3. The Station House Officer, Pamarru Police Station, Krishna 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 No. AP39VA1192 of the 1 Petitioner and Lorry bearing No. AP16TS1192 of the 2^^ Petitioner in connection with FIR No.58 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 and 19(1)(g) of the Constitution of India and consequently rd St 9 direct the respondents to release the above said vehicles of the Petitioners 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. AP39VA1192 of the 1®* Petitioner and Lorry bearing No. AP16TS1192 of the 2 nd Petitioner along with sand pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner: SRI B JAVA PRABHAKARA RAO Counsel for the Respondents 1 & 2: GP FOR MINES AND GEOLOGY Counsel for the Respondent No.3: GP FOR HOME The Court made the following order: APHC010096862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY ,THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 5036/2025 Between; ...PETITIONER(S) Jalla Lalitha Kumari and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1. B JAYA PRABHAKARA RAO Counsel for the Respondent(S): 1 .GP FOR MINES AND GEOLOGY The Court made the following: ORDER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; "...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 No AP39\/A1192 of Petitioner and Lorry bearing No AP16TS1192 of the 2" Petitioner in connection with FIR.No. 58 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 the 1 I 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 Petitioners forthwith in the interest of justice and pass ” Heard Mr B.Jaya prabhakara Rao, learned counsel appearing for the petitioners and the learned Assistant Government Pleader for Mines and Geology appearing for the Respondent No.1. 2. On hearing, learned counsel for the petitioners submits that the matter is squarely covered by the order passed by this Court in W.P.No.17254 of 2024, dated 07.08.2024, and hence, requests this Court to pass similar order in this petition also. 3. Learned Assistant Government Pleader appearing for the respondents opposed for grant of any relief in the writ petition and prayed to 4. dismiss the same. Following the same, this Writ Petition is also disposed of in terms of the order passed in W.P.No. 17254 of 2024, dated 07.08.2024 directing the respondent authorities to impose penalty in terms of Clause 6 (III) (0) (i) of G.C.Ms.No.43 Industries and Commerce (Mines-lll), Department, dated 08.07.2024 and on payment of such penalty by the petitioners, the respondents shall release the lorry bearing No.AP39VA1192 of the 1 petitioner and Lorry bearing N0.API6TS1192 of the 2"'' petitioner upon producing the ownership documents of the said vehicles to the satisfaction of the 3'^'^ respondent. There shall be no order as to costs. 5. St at* As a sequel, miscellaneous applications pending, if any, shall stand closed. SD/-K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// OFFICER SEC To, 1. The Principal Secretary, Mines and Geology Department, State of Andhra Pradesh, Secretariat Buildings Velagapudi, Amaravathi, Guntur District-522237. 2. The Tahsildar, Pamarru, Krishna District. 3. The Station House Officer, Pamarru Police Station, Krishna District. 4. One CC to Sri B Jaya Prabhakara Rao, Advocate [OPUC] 5. Two CCs to GP for Mines & Geology, High Court of Andhra Pradesh [OUT] 6. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 7. Three CD Copies RAM HIGH COURT DATED:28/02/2025 r. ORDER 1! MAR 2025 ^ . Current aeciion pesPATCV^ WP.No.5036 of 2025 DISPOSING OF THE WP WITHOUT COSTS