APHC010034812026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2222/2026 Between: 1. SHIVA SAI ENTERPRISES AND SERVICES, REP. BY ITS PROPRIETOR, DOKURI VENKAT REDDY, S/O. RANGA REDDY, AGED ABOUT 39 YEARS, R/O. 8-76/6/46, DWARAKA NAGAR, NEAR KOMURAMMA TEMPLE, BODUPPAL, K.V.RANGA REDDY DISTRICT, TS - 500092. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUTUR DISTRICT-521403. 2. THE TAHSILDAR, GAMPALAGUDEM, NTR DISTRICT-534456. 3. THE STATION HOUSE OFFICER, GAMPALAGUDEM POLICE STATION NTR DISTRICT-534456. ...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 3rd Respondent in seizing the Lorry bearing Nos.TG08U7359 and TG08U7539 of the Petitioner in connection with FIR No.29 of 2026 without following the procedure known to the law under APMMC Rules, 1966 as illegal, irregular, 2 arbitrary and contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the above said vehicles of the Petitioner along with material 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 release the Lorry bearing NOS.TG08U7359 and TG08U7539 of the Petitioner along with material pending disposal of the above writ petition in the interest of justice and pass Counsel for the Petitioner: 1. B JAYA PRABHAKARA RAO 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.2222 OF 2026 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- <to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in seizing the Lorry bearing Nos.TG08U7359 and TG08U7539 of the Petitioner in connection with FIR No.29 of 2026 without following the procedure known to the law under APMMC Rules, 1966 as illegal, irregular, arbitrary and contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the above said vehicles of the Petitioner along with material forthwith in the interest of justice and pass such other order or orders...= 2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Mines and Geology for the respondent Nos.1 and 2 and learned Government Pleader for Home for respondent No.3. 3. Learned counsel for the petitioner submits that the petitioner is the owner of the vehicle bearing Nos. TG08U7359 and TG08U7539 and he has been using the subject vehicles for transportation purposes only. While so, on 29.01.2026, the respondent No.3 herein has seized the vehicles alleging that the petitioner has been transporting the sand without valid documents. 4. Learned counsel for the petitioner further submit that the respondent No.3 has illegally seized the vehicles of the petitioner and registered an FIR 4 No.29 of 2026 under Section 318(4), 303(2), r/w.3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 27, 35(ii) of Andhra Pradesh Water Land and Trees Act. Hence, learned counsel for the petitioner prays the Court to direct the respondents to release the vehicles. In support of his contentions, the learned counsel for the petitioner relied on a decision of this Court in W.P.No.35886 of 2025 and prayed this 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 and Commerce (Mines-II), Department, dated 26.06.2025, reads as follows: Q. Offences and Penalties: i. 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 Sand Way bill /invoice 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. 5 6. On the other hand, learned Assistant Government Pleader for Mines and Geology appearing for the respondents did not refute the submission made by the learned counsel for the petitioner since the issue involved in this writ petition is squarely covered by an earlier decision of this Court. 7. Learned Government Pleader for Home appearing for respondent No.3 furnished written instructions dated 27.01.2026, wherein, it is stated as follows: It is submitted that Clause 19(a) prescribes the scale of penalties for first and subsequent violations depending upon the type of vehicle, including lorries fitted with up to 10 tyres and above 10 tyres capacity. However, the petitioners contention that the authorities cannot seize the vehicles and can at best levy only penalties is wholly misconceived. The said G.O. does not take away the powers of the police and other competent authorities to seize vehicles involved in the commission of cognizable offences such as theft of Government property and illegal transportation of sand. It is respectfully submitted that the power to seize vehicles is traceable to provisions of the BNS, BNSS, AP Water, Land and Trees Act and other applicable laws, and such power is independent of the penalty provisions contained in Clause 19(a) of the G.O. Therefore, seizure of lorries bearing Nos. TG 08 U 7359 & TG 08 U 7539 is lawful and justified. It is further submitted that if the petitioner seeks release of the vehicles, he is requested to first comply with the directions issued by the Mining authorities under the said G.O., including payment of the applicable penalty, royalty, compounding fee and other statutory dues, and thereafter approach the 6 competent criminal court for interim custody, subject to conditions. 8. Considering the submissions made and on perusal of the written instructions placed on record, in view of the earlier orders passed by this Court 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. 9. Accordingly, the present writ petition is disposed of, directing the respondent authorities to pass appropriate orders in terms of clause 19(a) of G.O.Ms.No.100, Industries and Commerce (Mines-III), Department, dated 26.06.2025, for levying penalty if any. After levy of penalty and on payment of such penalty, the seized vehicles shall be released to the petitioner by the 3rd respondent on producing of the receipt of such payment and ownership documents of the vehicle 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. ________________________________ VENKATESWARLU NIMMAGADDA, J Date:28.01.2026 NOTE: C.C by two (02) days (B/o) BSP 7 64 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.2222 OF 2026 Date:28.01.2026 NOTE: C.C by two (02) days (B/o) BSP