APHC010029222026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1859/2026 Between: 1. ABDULLA MULTI SERVICES, REP. BY OWNER, SHAIK RAJAKUL RAHAMAN, S/O. ABDULLA AGE 39 YEARS, R/O. 3-34, PAMIDIMUKKALA VILLAGE, PAMIDIMUKKALA, KRISHNA DISTRICT, A.P. 2. BANDAPU DHEERAJ REDDY,, S/O. NAGA SRINIVASA REDDY AGE 28 YEARS, R/O. D.NO. 8-18, VENKU BANDAPU VARI BAZAR, TADEPALLI, GUNTUR DISTRICT. 3. BOMMAREDDY SIVA SAMBI REDDY,, S/O. MAHATHMA REDDY AGE 51 YEARS, R/O. D.NO. 3-175, GUNIMEDA, GUNTUR, GUNTUR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MINES, INDUSTRIES AND COMMERCE DEPARTMENT SECRETARIAT, AMRAVATI, GUNTUR DISTRICT 2. THE DISTRICT MINES AND GEOLOGY OFFICER, GUNTUR, GUNTUR DISTRICT 3. THE TAHSILDAR, TADEPALLI MANDAL TADEPALLI, GUNTUR DISTRICT 4. THE STATION HOUSE OFFICER, TADEPALLI POLICE STATION, GUNTUR DISTRICT. 2 ...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 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 27 UB 4445 belongs to the 1st petitioner and 2) Tipper Lorry Bearing No. AP 39 WB 8588 belongs to the 2nd petitioner and 3) Tipper Lorry Bearing No. AP 39 WB 0252 belongs to the 3rd 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 pleased to direct the respondents to grant interim custody of the 1) Tipper Lorry Bearing No. AP 27 UB 4445 belongs to the 1st petitioner and 2) Tipper Lorry Bearing No. AP 39 WB 8588 belongs to the 2nd petitioner and 3) Tipper Lorry Bearing No. AP 39 WB 0252 belongs to the 3rd petitioner pending disposal of the above writ petition in the interest of justice and pass Counsel for the Petitioner(S): 1. CH SRI NAGA MEENA KUMARI 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 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.1859 OF 2026 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following relief:- “to issue a Writ, 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 27 UB 4445 belongs to the 1st petitioner 2) Tipper Lorry Bearing No.AP 39 WB 8588 belongs to the 2nd petitioner and 3) Tipper Lorry Bearing No.AP 39 WB 0252 belongs to the 3rd petitioner without following any procedure known to law as illegal, irregular, ultravirus, arbitrary, highhanded, 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 such other order or orders…” 2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Mines and Geology appearing for the respondents. 3. Learned counsel for the petitioners submits that the respondent authorities seized the vehicles belonging to the petitioners 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. Learned counsel for the petitioners further submits that a direction may be given to the respondent authorities to pass appropriate orders for the release of the vehicles, for which, she relied on the decision of this Court passed in W.P.No.32021 of 2025, dated 18.11.2025. 4 4. Learned Assistant Government Pleader for Mines and Geology appearing for the respondents did not refute the submission made by the learned counsel for the petitioners since the issue involved in this writ petition is squarely covered by an earlier decision of this Court. 5. Considering the submissions made and with consent of learned counsel for both the parties, this Court is inclined to dispose of the writ petition at the stage of admission. 6. In the result, the writ petition is disposed of, directing the respondent authorities 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 vehicles bearing Nos.AP 27 UB 4445, AP 39 WB 8588 and AP 39 WB 0252 belonging to the petitioner Nos. 1, 2 and 3 respectively, seized by the respondent authorities, to the petitioners, within a period of two (02) weeks from the date of receipt of the copy of the order. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Date:22.01.2026 NOTE: C.C. by two (02) days (B/o) BSP 5 33 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.1859 OF 2026 Date:22.01.2026 NOTE: C.C. by two (02) days (B/o) BSP