1 APHC010225912026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 11392 OF 2026 Between: 1. Vakkalagadda Ushadri, S/o. Gopalarao, Aged 47 Years, R/o. 4-79, Ganganamma Gudi Back Side Road, Gollapudi, Vijayawada, N.T.R. District- 521225. 2. Komati Venkateswararao, S/o. Venkatapathi, Aged 59 years, R/o. 15-118, Ibrahimpatnam, Ferry, N.T.R.District-521456 ...Petitioners AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Mines, Industries and Commerce Department, Secretariat, Amaravati, Guntur District-522238 2. The District Mines & Geology Officer, Guntur, Guntur District-522002 3. The Tahsildar, Tulluru Mandal, Tulluru, Guntur District-522237 4. The Station House Officer, Tulluru Police Station, Guntur District-522237 ...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 4th respondent in seizing the 1) Tipper Lorry Bearing No. AP 39 VF 4595 belongs to the 1st 2 petitioner and 2) Tipper Lorry Bearing No. AP 39 UU 7909 belongs to the 2nd petitioner without following the procedure known to law as illegal, irregular, ultra-virus, arbitrary, high-handed, malafidy, contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental right guaranteed under Article 19(g) of the Constitution of India and consequentially direct the respondents to release the above vehicles forthwith in the interest of justice and pass 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 respondents to grant interim custody of the 1) Tipper Lorry Bearing No. AP 39 VF 4595 belongs to the 1st petitioner and 2) Tipper Lorry Bearing No. AP 39 UU 7909 belongs to the 2nd petitioner pending disposal of the above writ petition in the interest of Justice and pass Counsel for the Petitioners: CH SRI NAGA MEENA KUMARI Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:GP FOR REVENUE Counsel for the Respondents:GP FOR MINES AND GEOLOGY The Court made the following order: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 11392 of 2026 ORDER: The 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 an appropriate order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of the 4th respondent in seizing the 1) Tipper Lorry Bearing No. AP 39 VF 4595 belongs to the 1st petitioner and 2) Tipper Lorry Bearing No. AP 39 UU 7909 belongs to the 2nd petitioner without following the procedure known to law as illegal, irregular, ultra-virus, arbitrary, high-handed, malafidy, contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental right guaranteed under Article 19(g) of the Constitution of India and consequentially direct the respondents to release the above vehicles forthwith in the interest of justice and pass …”. 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 petitioners’ vehicles were seized by the 4th respondent without authority of law and in violation of the provisions of Sub-Rule (3)(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966. He further submits that a direction may be given to the respondent authorities to pass appropriate orders for the release of the vehicles, and he relies on the decision of this Court passed in W.P.No.1570 of 2026 dated 20.01.2026. 4. Learned Assistant Government Pleader for Mines and Geology appearing for the respondents did not refute the submission made by the 4 learned counsel for the petitioners since the issue involved in this writ petition is squarely covered by an earlier decision of this Court. 5. It is appropriate to extract the relevant Sub-Rule (3)(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966:- “For the sub-rule 3(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966: If the Driver or owner of the vehicle fails to produce a valid transit permit issued by the concerned Assistant Director of Mines and Geology, the officer in charge of the check post or barrier or during the interception of the movement of the vehicle, may require the Driver or the owner of the vehicle to pay five times of the normal Seigniorage fee as penalty in addition to the normal Seigniorage fee along with DMF and MERIT amounts for the quantity not covered under the transit permit.” 6. Further, the Hon’ble Division Bench of this Court in Naganath Vs. State of A.P. (WA No.4 of 2021), interpreted the above quoted Rule and categorically held at Para No.7 as under: “........... On a reading of the above Rule, there is nothing to indicate, the vehicle cannot be released, unless the penalty and 5 seigniorage fee is paid. All that the rule states is that the penalty equal to market value of the mineral seized along with seigniorage fee prevalent at that time can be ordered to be paid at the time of interception of the vehicle, if driver or person-in charge of the vehicle fails to produce a valid permit. But, nowhere the Rule postulates that the vehicle cannot be released, unless the same is paid.” 7. In addition, the Hon’ble Supreme Court, in the case of Sunderbhai Ambalal Desai Vs. State of Gurajat, in its expression held that merely keeping vehicles would not serve any fruitful purpose. 8. Considering the submissions made by learned counsel on both sides and keeping in view the earlier orders passed by this Court, this Court is 5 inclined to dispose of the Writ Petition at the stage of admission, with the consent of both parties, with the following directions: i) The 2nd respondent is directed to pass appropriate orders in terms of Sub-Rule (3)(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966 and collect the due seigniorage fee and penalty as per law; ii) After levy of penalty and on payment of such penalty, the petitioners shall produce the receipt of such payment and ownership documents of the vehicles to the satisfaction of the 4th respondent. iii) In such an event, the 4th respondent is hereby directed to release the seized vehicles of the petitioners i.e., 1) Tipper Lorry Bearing No. AP 39 VF 4595 belongs to the 1st petitioner and 2) Tipper Lorry Bearing No. AP 39 UU 7909 belongs to the 2nd petitioner. There shall be no order as to costs. Interlocutory applications, if any, pending shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Date:29.04.2026 Rns 6 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.11392 of 2026 Date:29.04.2026 Rns