APHC010035562026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] SATURDAY,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 2191/2026 Between: 1. KARNATI SUNDAR RAJU, S/O K.RAMESH BABU, AGE ABOUT 20 YEARS, OCC LORRY OWNER, R/O H.NO.13/79, NEW GANDHI NAGAR, CHENNUR, KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIATE BUILDINGS, VELAGAPUDI,AMARAVATHI- 522503. 2. THE DIRECTOR, MINES AND GEOLOGY, STATE OF ANDHRA PRADESH, 5TH AND 6TH FLOORS, B - BLOCK ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT - 521456. 3. THE ASSISTANT DIRECTOR, MINES AND GEOLOGY, KURNOOL- 518002. 4. THE STATION HOUSE OFFICER, ULINDAKONDA POLICE STATION AT ULINDAKONDA, KURNOOL DISTRICT - 518218 ...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 pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in seizing the petitioner's vehicle lorry bearing No.AP.04.TW.4878, dated 19-12-2025, as illegal, arbitrary and violation of 2 MMDR Act, 1957 and consequently direct the respondents to release the vehicle lorry bearing No.AP.04.TW.4878, 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 respondents to release the vehicle lorry bearing No.AP.04.TW.4878, forthwith, pending disposal of the above writ petition and to pass IA NO: 2 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 May be pleased to take the matter as "For Being Mention" and direct the office to correct the interim order dated 28.01.2026 passed in WP.No.2191 of 2026 and to pass IA NO: 3 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 May be pleased to amend the interim order dated 28.01.2026 passed in WP.No.2191 of 2026 permitting the petitioner to submit bank guarantee for Rs.2,50,000/- and give third party security for Rs.2,50,000/- and to pass Counsel for the Petitioner: 1. U RAMANJANEYULU Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY The Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following main relief: “……..declaring the action of the respondents in seizing the petitioner's vehicle lorry bearing No.AP.04.TW.4878, dated 19-12-2025, as illegal, arbitrary and violation of MMDR Act, 1957 and consequently direct the respondents to release the vehicle lorry bearing No.AP.04.TW.4878, and to pass…….” 3 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Mines & Geology. 3. According to the learned counsel for the petitioner, the petitioner is the owner of vehicle bearing No.AP 04 TW 5878 (subject vehicle) and the petitioner along with his family members, are eking out their livelihood from the income derived from the said vehicle. While so, he submits that when the vehicle was passing from Gollapuram to Pavgada Road, has been intercepted at Ulindakonda Village, Kurnool District, on 19.12.2025 at 9.00 p.m. by the 4th respondent authorities, despite the vehicle having all the prerequisite documents to travel to Gujarat. 4. He also submits that since then, the said vehicle has been in the custody of the 4th respondent, Ulindakonda Police Station, which leads to multiple problems. Hence, the learned counsel submits that the petitioner, having left with no other alternative efficacious remedy, has approached this Court for appropriate directions. 5. On the other hand, learned Assistant Government Pleader for Mines & Geology, while placing a copy of the written instructions dated 07.02.2026 issued by the 3rd respondent, submits that at the time of interception, the petitioner’s vehicle bearing No.AP 04 TW 5878 was loaded with Manganese dioxide, which comes under the domain of major minerals and amounts to violation of Rule 4 (1A) of A.P. Mines and Minerals (Development and Regulation) Act, 1957 (in short ‘APMMDR Act’). 4 6. She submits that due to that, the petitioner's vehicle was seized and moreover, the petitioner has not produced any documents such as e-permits required to transit major minerals. 7. She further submits that the Assistant Director of Mines & Geology, Regional Vigilance Squad, Kurnool., had issued Show-Cause-Notice vide Notice No.12/AD/RVS-KNL/2026 dated 21.01.2026 to the petitioner, alleging that the petitioner is transporting Manganese dioxide MnO2 as 55.37% for fines and 64.7 for lumps and directed to pay penalty amount under Rule 21 (2) of APMMDR Act, 1957. 8. In response, learned counsel for the petitioner submits that the petitioner has submitted explanation to the said Show-Cause-Notice dated 21.01.2026 and the same is pending before the competent authorities, as of now also. 9. This Court has considered the submissions made and perused the material on record. 10. Evidently on 28.01.2026, this Court passed interim order with a direction to release the vehicle in favour of the petitioner on the condition of depositing total amount (5,00,000/-) i.e., Rs.2,50,000/- by way of cash or demand draft and in respect of other half of Rs.2,50,000/- the petitioner should submit bank guarantee without validity period as directed by the respondents. 11. At that juncture, learned counsel for the petitioner expresses readiness to deposit 50% of the penalty amount. However, he submits that due to the 5 petitioner’s financial constraints and other problems, he could not comply with the other limb of condition of furnishing bank guarantee without validity period and seeks permission of this Court to permit the petitioner to deposit Rs.2,50,000/- by way of cash and give third party security for Rs.2,50,000/- instead of bank guarantee, for which, the learned Assistant Government Pleader has no objection. 12. Apparently, it is not in dispute that the petitioner has submitted explanation to the Show-Cause-Notice dated 21.01.2026 and as per the latest instructions from both counsel, the matter is pending consideration before the competent authorities for passing appropriate final orders. More so, it is also apt to note that the petitioner has not sought the release of the mineral from the subject vehicle. 13. Having regard to the above facts and circumstances, by keeping in view the dictum of the Hon’ble Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat 1, coupled with the fact that the enquiry is still pending adjudication before the concerned authority arising out of Show-Cause-Notice dated 21.01.2026, this Court is inclined to dispose of the writ petition in the following manner:- i. The petitioner is directed to deposit 50% of the total amount (Rs.5,00,000/-) i.e., Rs.2,50,000/- by way of cash and the remaining amount of Rs.2,50,000/- by way of third party security, to the satisfaction of the 3rd respondent. 1 2002 (10) SCC 283 6 ii. In such an event, the 4th respondent shall release the petitioner’s seized vehicle only without any major mineral by taking appropriate measures in accordance with Law in respect of mineral. iii. It is needless to say that the respondent authorities shall pass speaking orders, in accordance with Law, at the earliest, by providing reasonable opportunity to the concerned. With the above directions, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, shall stand closed. _______________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 07.03.2026 GVK 7 104 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No: 2191 of 2026 Date: 07.03.2026 GVK