APHC010003562026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 376/2026 Between: 1. KARANAM LEELA, W/O. NUKARAJU, AGED 37 YEARS, R/O. 20A-8- 8/1 BAVISETTIVARI VEEDHI, KOTHAPETA, ELURU, ELURU DISTRICT, ANDHRA PRADESH. 2. MANIKONDA NAGASUBRAHMANYAM,, S/O. SATYANARAYANA, AGED 39 YEARS, R/O. 6-125/1. GANAPATHI NAGAR, CHODIMELLA, DONDAPADU, PEDAVEGI MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS. PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH-522237. 2. THE TAHSILDAR, TALLAPUDI MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH-534341. 3. THE STATION HOUSE OFFICER, TALLAPUDI POLICE STATION, EAST GODAVARI DISTRICT, ANDHRA PRADESH-534341. ...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 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 2 Lorries bearing Nos. AP 39 TO 0007 and AP 37 TE 6979 of the petitioners 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 vehicles of the petitioners from their custody and to 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 2ND and 3RD respondents to grant interim custody the Lorries bearing Nos. AP 39 TQ 0007 and AP 37 TE 6979 of the petitioners pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. CHETAN PONNURU Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP FOR MINES AND GEOLOGY The Court made the following Order: The writ petition is filed challenging the action of the respondents in seizing the Lorries bearing Nos.AP39 TQ 0007 and AP37 TE 6979 belonging to the petitioners, in connection with FIR No.170 of 2025, without following the procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966. 2. Heard Sri Chetan Ponnuru, learned counsel for the petitioners and the learned Assistant Government Pleader for Mines and Geology 3 appearing for the respondents. With the consent of both the parties, the writ petition is disposed of at the stage of admission. 3. Learned counsel for the petitioners contends that the petitioners have been using the subject vehicles for transportation purposes. On 28.12.2025, the 3rd respondent herein seized the vehicles alleging that the petitioners have been transporting sand without valid documents. 4. Learned counsel for the petitioners submits that the 3rd respondent has illegally seized the vehicles of the petitioners and registered FIR No.170 of 2025 under Sections 318(4), 335 of Bharatiya Nyaya Sanhitha, 2023. Hence, he prays the Court to direct the respondents to release the vehicles. In support of his contentions, the learned counsel for the petitioners relies on a decision of this Court in W.P.No.35886 of 2025, and prays the 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. The relevant clauses of Clause 19(a) of the said G.O.Ms.No.100 Industries & Commerce (Mines-II) Department, dated 26.06.2025, read as follows: 19. Offences and Penalties: (a). 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 permit shall be penalized as follows; 4 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 vehicle for any alleged violations, they could, at the best levy only penalties. 6. Considering the submissions of both the learned counsel and upon perusing the material on record, the Writ Petition is disposed of in terms of the order passed in W.P.No.35886 of 2025, dated 23.12.2025 directing the respondent authorities to pass appropriate orders in terms of clause 19(a), of G.O.Ms.No.100 Industries & Commerce (Mines-II) Department, dated 26.06.2025, for levying penalty, if any. After the levy of penalty, and on payment of such penalty, the seized vehicles shall be released by the 3rd respondent on producing the receipt of such payment and ownership documents of the vehicles to the satisfaction of the 3rd respondent. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 06.01.2026 Note: Furnish CC today B/o. MSI 5 ON MENTION BEING MADE:- 1. The learned Government Pleader for Mines and Geology, appearing for the respondents has pointed that subject FIR has been registered on a complaint being made to the 3rd respondent, by the District Mines and Geology Officer. However, he has not been made a party respondent to the present Writ Petition, who is the appropriate authority to levy the penalty. 2. Having regard to the above, this Court shall suo motu impleads the District Mines and Geology Officer, East Godavari District, as party respondent No.4 in the Writ Petition. 3. The Registry is directed to carry out the necessary amendments before dispatching the copy of this order to the concerned parties. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 06.01.2026 Note: Furnish CC today B/o. MSI/MVK 6 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 376/2026 Dated: 06.01.2026 Note: Furnish CC today B/o. MSI