APHC010003122019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 149/2019 Between: 1. NAMMI GOPI, S/O. SIMHACHALAM, AGED ABOUT 29 YEARS, OCCUPATION BUSINESS, D.NO. 24-4, GANESH NAGAR, BOTTAVANIPALEM, MADHURAWADA, VISAKHAPATNAM. ANDHRA PRADESH 2. BOTTA GOVINDA, S/O. NOOKA RAJU, AGED ABOUT 32 YEARS, OCCUPATION BUSINESS, D.NO. 11-134/33, GANDHI NAGAR, MADHURAWADA, VISAKHAPATNAM, ANDHRA PRADESH. 3. MUDAGA SATYAM, S/O. SANYASI, AGED ABOUT 35 YEARS, OCCUPATION BUSINESS, D.NO. 23-87, SWATANTRA NAGAR, MADHURAWADA, VISAKHAPATNAM, ANDHRA PRADESH. 4. BOTTA SURESH, S/O. SURI BABU, AGED ABOUT 32 YEARS, OCCUPATION BUSINESS, D.NO. 14-232, MADHURAWADA, VISAKHAPATNAM, ANDHRA PRADESH. 5. K.DASARADHA REDDY, S/O. YERRANNA REDDY, AGED ABOUT 52 YEARS, OCCUPATION BUSINESS, D.NO. 5-4, S.D.N.PETA VILLAGE, VOMARAVALLI, GARA MANDAL, 2 MRK,J W.P.NO.149 OF 2019 SRIKAKULAM DISTRIKCT, ANDHRA PRADESH 6. MEDABANI SIMHACHALAM, S/O. CHINNA, AGED ABOUT 47 YEARS, OCCUPATION BUSINESS, D.NO. 24-141, BOTTAVANIPALEM, MADHURAWADA, VISAKHAPATNAM, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF A P, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2. RDO, SRIKAKULAM DIST 3. THE TAHSILDAR, GARA MANDAL, SRIKAKULAM DISTRICT. 4. THE STATION HOUSE OFFICER, GARA POLICE STATION, SRIKAKULAM DISTRICT. ...RESPONDENT(S): 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 topleased to direct the 2nd and 3rd respondents to grant interim custodfy of vehicles bearing NO. AP 31 TD 6638, AP 27 TT 2277, AP 31 TF 4677, AP 16 TG 2839, AP 30 S 5039, and AP 31 TD 2359 to the petitioners pending disposal of the writ petition. IA NO: 1 OF 2019 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 pleased to issue an order writ or direction more particular in the nature of writ mandamus declaring the action of respondents in seizing the vehicles bearing No. AP 31 TD 6638, AP 27 TT 2277, AP 31 TF 4677, AP 3 MRK,J W.P.NO.149 OF 2019 16 TG 2839, AP 30 S 5039, and AP 31 TD 2359 of the petitioners without following any procedure under states as illegal, arbitrary and violative of articles 19, 21 of constitution of India and consequently direct the respondents to release the vehicle from their custody Counsel for the Petitioner(S): 1. K NAVEEN KUMAR Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY (AP) 2. GP FOR REVENUE (AP) The Court made the following: 4 MRK,J W.P.NO.149 OF 2019 ORDER The present writ petition, filed under Article 226 of the Constitution of India, seeks the following relief: “...to issue an order, writ or direction more particularly in the nature of Writ Mandumus under Article 226 of the Constitution of India declaring the action of respondents in seizing the vehicles bearing No.AP 31 TD 6638, AP 27 TT 2277, AP 31 TF 4677, AP 16 TG 2839, AP 30 S 5039 and AP 31 TD 2359 of the petitioners without following any procedure under statutes as illegal, arbitrary and violative of Article 19, 21 of Constitution of India and consequently direct the respondents to release the vehicle from their custody and pass...” 2. Heard Sri K.Naveen Kumar, learned counsel for the petitioners, and the learned Assistant Government Pleader for Mines and Geology appearing for respondent Nos.1 to 3. 3. Apparently, at the stage of admission, this Court granted interim order on 04.01.2019 directing the respondents to release the seized vehicles of the petitioners subject to the condition of furnishing third party security to the satisfaction of the competent authority and with an undertaking that the seized vehicles shall not be alienated pending disposal of the writ petition. 4. Learned Assistant Government Pleader for Mines & Geology appearing for the respondents brought to the notice of this Court about the new rules made under 5 MRK,J W.P.NO.149 OF 2019 G.O.Ms.No.100Industries & Commerce (Mines-II) Department dated 26.06.2025 issued by the Government of Andhra Pradesh. However, she fairly submits that based on the interim directions of this Court, the seized vehicles had been handed over to the petitioner towards interim custody. 5. At this juncture, it is apt to note the relevant Rule 19(a) (b) prescribed in G.O.Ms.No.100 Industries & Commerce (Mines-II) Department dated 26.06.2025 issued by the Government of Andhra Pradesh, as under:- “(19) Offences and Penalties: a) In the 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 permit 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/- b) Any vehicle transporting sand, if found, carrying sand in excess of the quantity specified in Sand transit form /invoice or in excess of quantity permitted by the Transport Dept., penalty shall be levied on such excess quantity @ Rs.2000/- per MT c)…………. d)………….. 6 MRK,J W.P.NO.149 OF 2019 e)…………… f)…………… g)…………..” 6. Whereas Rule 20 deals with the appeals, and further Rule 21 of the G.O.Ms.No.100 Industries & Commerce (Mines-II) Department dated 26.06.2025 relates to the powers to issue orders/clarifications/ guidelines. 7. In view of the aforesaid circumstances, liberty is given to the respondents to initiate appropriate steps in terms of procedure enunciated under Rules 19, 20 & 21 of the G.O.Ms.No.100 Industries & Commerce (Mines-II) Department dated 26.06.2025 issued by the Government of Andhra Pradesh. 8. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, in this writ petition shall stand closed. _______________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 27.02.2026 LSP