APHC010199652026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 10085/2026 Between: 1. AITHAGONI LAXMAIAH,, S/O AITHAGONI NARASIMHA, AGED ABOUT 48 YEARS, R/O. PLOT NO.29, PRAGATHI NAGAR, VEERANNAGUTTA, HAYATH NAGAR, RANGA REDDY DISTRICT, TELANGANA-501505. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH- 522237. 2. THE DISTRICT MINES AND GEOLOGY OFFICER, EAST GODAVARI DISTRICT AT RAJAHMUNDRY, EAST GODAVARI DISTRICT, ANDHRA PRADESH-533101. 3. THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, REGIONAL VIGILANCE SQUAD, ELURU, ELURU DISTRICT, ANDHRA PRADESH. 4. THE STATION HOUSE OFFICER, KOVVUR POLICE STATION, EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): 2 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in seizing the Lorry bearing No. TG 07 W 3636 of the petitioner 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 vehicle of the petitioner from their custody IA NO: 1 OF 2026 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 2nd respondent to consider the proceedings dated 08.04.2026 vide No. 2/RVS/Eluru/2024 pending disposal of the above writ petition Counsel for the Petitioner: 1. CHETAN PONNURU Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR MINES AND GEOLOGY 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 10085 of 2026 The Court made the following Order: Instant Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India is filed for the following relief: “.... 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 Lorry bearing No. TG 07 W 3636 of the petitioner 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 vehicle of the petitioner from their custody and pass such other order …”. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology appearing for the respondents. 3. Learned counsel for the petitioner submits that the petitioner is the owner of the vehicle i.e., Lorry bearing No. TG 07 W 3636 and he has been using the subject vehicle for transportation purposes only. While so, on 07.04.2026, the respondent No.3 herein has seized the vehicles alleging that the 4 petitioner has been transporting the sand without valid documents. Learned counsel for the petitioner further submit that the respondent No.3 has illegally seized the vehicle of the petitioner and hence, learned counsel for the petitioner prays the Court to direct the respondents to release the vehicles forthwith. 4. In support of his contentions, the learned counsel for the petitioner relied on a decision of this Court in W.P.No.2222 of 2026 and prayed this 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. Learned Assistant Government Pleader for Mines and Geology appearing for the respondents did not refute the submission made by the learned counsel for the petitioner since the issue involved in this writ petition is squarely covered by an earlier decision of this Court. 6. In this context, it is apt to note the relevant Rule 9B-(19) of the said G.O.Ms.No.100 Industries and Commerce (Mines-II), Department, dated 26.06.2025, which reads as follows: Q. Offences and Penalties: 5 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 the State and found transporting sand without valid Sand Way bill /invoice 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 vehicles for any alleged violations, they could, at the best, levy only penalties. 8. Considering the submissions made and on perusal of the written instructions placed on record, in view of the earlier orders passed by this Court and with consent of learned counsel for both the parties, this Court is inclined to dispose of the writ petition at the stage of admission. 6 9. Accordingly, the present Writ Petition is disposed of with the following directions: A) the respondent authorities is directed to pass appropriate orders in terms of Rule 9-B(19) of G.O.Ms.No.100, Industries and Commerce (Mines-III), Department, dated 26.06.2025, for levying penalty if any; B) After levy of penalty and on payment of such penalty, the petitioner shall produce the receipt of such payment and ownership documents of the vehicles to the satisfaction of the 4th respondent; C) In such an event, the 4th respondent is hereby directed to release the seized vehicle i.e., Lorry bearing No. TG 07 W 3636 to the petitioner. There shall be no order as to costs. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 28.04.2026 PSA