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2026 DAILYLAW 14792 (AP)

GORANTLA VENKATESWARLU v. THE STATE OF ANDHRA PRADESH

WP/1047/2026 · 2026-01-07

Kiranmayee Mandava

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010016662026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 1047/2026 Between: 1. GORANTLA VENKATESWARLU, C/O. ACHAIAH, AGED 53 YEARS, R/O. 1-199, VEMAVARAM VILLAGE, BALLIKURUVA MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH. ...PETITIONER 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, THULLURU MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH-522237. 3. THE STATION HOUSE OFFICER, , THULLURU POLICE STATION, GUNTUR DISTRICT, ANDHRA PRADESH-522237. ...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 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. AP 39 WC 3451 (wrongly typed as AP 16 WC 3451 in FIR) 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 2 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 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 pleased to direct the 2nd and 3rd respondents to grant interim custody the Lorry bearing No. AP 39 WC 3451 (wrongly typed as AP 16 WC 3451 in FIR) of the petitioner pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. CHETAN PONNURU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR SERVICES I 3. GP FOR MINES AND GEOLOGY The Court made the following: ORDER: Heard Sri Chetan Ponnuru, learned counsel for the petitioner and Smt. Sudeepthi Potluri, learned Assistant Government Pleader for Mines and Geology appearing for the respondent No.1. With the consent of both the parties, the writ petition is disposed of at the stage of admission. 2. The writ petition is filed challenging the action of the respondents in seizing the Tipper Lorry bearing No.AP 39 WC 3451 belonging to the petitioner, without following the relevant procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966. 3 3. Learned counsel for the petitioner contends that the petitioner’s vehicle was seized 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 vehicle, and he relies on the decision of this Court passed in W.P.No.36325 of 2025, dated 13.12.2025. 4. Learned Assistant Government Pleader for Mines and Geology appearing for the respondents would not dispute the issue being covered by an earlier decision of this Court. 5. In view of the above, the respondents are directed to pass 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 and release the vehicle bearing No.AP 39 WC 3451 seized by the 3rd respondent to the petitioner within a period of one (1) week from the date of receipt of the copy of the order. 6. With the above directions, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 08.01.2026 NOTE: Issue CC today. B/o ANI 4 48 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO:1047 of 2026 Dated: 08.01.2026 NOTE: Issue CC today. B/o ANI