APHC010009062026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 568/2026 Between: 1. SATYA NARAYANA KOTTAGUNDLA, S/O. VEERAIAH, AGED ABOUT 42 YEARS, OCC. BUSINESS, H.NO.4-194/1,THALLADA, KHAMMAM, TELANGANA - 507167. 2. GURRAM SAIDULU, S/O. G. BIKSHAPATHI AGED ABOUT 31 YEARS, OCC. BUSINESS, D.NO.8-5-4/23/58/80, VINAYAK NAGAR, MAILARDEVPALLY, RAJENDRANAGAR, RANGA REDDY DISTRICT, TELANGANA - 500005. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS , PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH - 522237. 2. THE DISTRICT MINES AND GEOLOGY OFFICER, PADERU, ASR DISTRICT. - 531024. 3. THE TAHSILDAR, YATAPAKA MANDAL, ASR DISTRICT - 533352. 4. THE STATION HOUSE OFFICER, YATAPAKA POLICE STATION, ASR DISTRICT - 533352. ...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 issue an order, writ or direction more particularly in the 2 nature of Writ of Mandamus declaring the action of respondents in seizing the Vehicles bearing No. TS 28TA 7299 and TATA Hitachi EX-200 LC 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 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 pleased to direct the 2nd, 3rd and 4th respondents to grant interim custody of vehicles bearing No. TS 28TA 7299 and TATA Hitachi EX-200 LC to the petitioners pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1. K NAVEEN KUMAR Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP FOR MINES AND GEOLOGY The Court made the following: 3 ORDER: The petitioners are seeking release of the Tipper bearing registration No.TS 28 TA 7299 and TATA Hitachi EX-200 LC Super Hydraulic Excavator, which were seized on 11.04.2025, by the respondent Nos.3 and 4. 2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Mines and Geology 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 submits that the petitioners are using the said vehicles for commercial use. On 11.04.2025, the respondent Nos.3 and 4 herein seized the vehicles alleging that the petitioners are transporting the sand illegally, despite having relevant permissions. 4. Learned counsel for the petitioners submits that the respondent Nos.3 and 4 illegally seized the petitioners’ vehicles and are in the custody of the 4th respondent. Hence, he prays this 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.29984 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. 4 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; 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. 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.29984 of 2025, dated 31.10.2025 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 5 payment of such penalty, the seized vehicles shall be released by the 4th respondent on producing the receipt of such payment and ownership documents of the vehicles to the satisfaction of the 4th respondent. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ___________________ JUSTICE HARINATH.N SCH 6 146 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.568 of 2026 Date: 07.01.2026 SCH