IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 5213 OF 2025 Between: Done Vijay Kumar, C/o.Bosu, aged about 33 years, R/o. 5-29-89, Railpet, Repalle Krishna District -522324 ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department, Secretariat Buildings, Velagapudi, Amaravathi, Gutur District-522237. 2. The Tahsildar, Challapalli, Krishna District. 3. The Station House Officer, Challapalli 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 be pleased to issue appropriate order or direction more particularly the nature of Writ of Mandamus declaring the action of the 3'"' Respondent in seizing the Tractor bearing AP39UB4054 and its Trailer of Petitioner in connection with FIR No.85 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 direct the respondents to release the above said vehicles of the Petitioned forthwith in the interest of justice. may one in € 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 fleased to direct the respondents to release the Tractor bearing AP39UB4054 and its Trailer of the Petitioner pending disposal of the above writ petition in the interest of justice. i- ! Counsel for the Petitioner: SRI B. JAVA PRABHAKARA RAO 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 APHC010102222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No: 5213/2025 Between; ...PETITIONER Done Vijay Kumar AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1. B JAYA PRABHAKARA RAO Counsel for the Respondent(S): 1.GP FOR HOME 2.GPFOR REVENUE 3.GP FOR MINES AND GEOLOGY The Court made the following: ORDER: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief; “ to issue appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3"^ Respondent in seizing the Tractor bearing Andhra Pradesh 39 UB 4054 and Trailer of Petitioner In connection with F.I.R.Mq.85 of 2025, without following the procedure known to the law under A.P.M.M.C. Rules 1966, 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 191g of the Constitution of India and consequently direct the respondents release the above said vehicles of the Petitioner forthwith in the interest ofjustice and pass such other orders....’’ as to 2. Heard both the learned counsels 3. Learned counsel for the petitioner contends that the petitioner has been using the subject vehicle for his agriculture purposes. When the vehicle stationed at River Ramp, Amudarlanka Village, Challapalii Mandal, the 3'^^ respondent herein has seized the vehicle alleging that the petitioner has been transporting sand without valid documents. was 4. Learned counsel for the petitioner submits that the 3^^ respondent has illegally seized the vehicle of the petitioner and kept the same at the Police Station. Hence, he prays the Court to direct the respondents to release the vehicle. In support his contention, the learned counsel for the petitioner relies on a decision of this Court in W.P.No.25191 of 2024 and terms of the said order requests the Court to dispose of the Writ Petition. He further relies G.O.Ms.No.43 dated 8-07-2024. on 5. The relevant clauses of Clause 6 (Q) (iii) of the said G.O.Ms.No.43 Industries and Commerce (Mines-lll), Department, dated 08.07.2024 as follows; reads Q. Offences and Penalties: In case of the vehicles engaged in illegal/ un-authorized I. excavation in the prohibited areas (i.e., within 500 meters from the Bridges, Dams, Railway lines Ground water structures, and cross drainage structures etc.), transportation of sand outside the State and found transporting sand without valid Sand Way bill /invoice shall be penalized as follows; Second Time (In Rs.) Rs.10.001/-to 20,000/- First Time (In Rs.) Vehicle Type Upto 10,000/- Tractor Lorry fitted with upto 10 tires capacity Lorry fitted with above 10 tires Rs.25,001/- to 50,000/- Upto 25,000/- Rs.50,001/-to 1,00,000/- Upto 50,000/- Rs. 50,001/- to 1,00,000/- Upto 50,000/- Machinery that the authorities cannot seize the vehicle for any alleged Thus he argues violations, they could, at the best levy only penalties. Considering the submissions of both the learned counsel and upon 6. perusing the material on record, the Writ Petition is disposed of directing the terms of clause 6(lll)(Q)(i), of respondent authorities to pass orders in Industries and Commerce (Mines-lll), Department, dated G.O.Ms.No.43, 08.07.2024, for levying penalty if any. After levy of penalty, and on payment of such penalty, the seized vehicle shall be released by the S'"* respondent on production of the receipt of such payment and ownership documents of the satisfaction of the Station House Officer, Challapalli Police vehicle to the Station, Krishna District. --i 7. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- K TATA RAO un^rcer //TRUE COPY// SE To, 1. The Principal Secretary, Mines and Geology Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Gutur District-522237. 2. The Tahsildar, Challapalli, Krishna District. 3. The Station House Officer, Challapalli Police Station, Krishna 4. One CC to Sri B Jaya Prabhakara Rao, Advocate [OPUC] 5. Two CCS to GP for Mines and Geology, High Court of Andhra [OUT] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. 7. Two CCs to GP for Home, High Court of Andhra Pradesh. 8. Three CD Copies. District. Pradesh. [OUT] [OUT] ssb ■>. HIGH COURT DATED:03/03/2025 ORDER WP.No.5213 of 2025 o g 0 <1 MAR 2r25 S to ^ Curreni oeciion . ■* L_ _■.■•• DISPOSING OF THE W.P. WITHOUT COSTS