APHC010036222019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] THURSDAY,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 1668/2019 Between: 1. G SURESH, S/O. VENKATESWARA RAO, AGED ABOUT 45 YEARS, OCC. BUSINESS, D.NO.1-95-9, SECTOR-5, M.V.P. COLONY, VISAKHAPATNAM (URBAN), VISAKHAPATNAM, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, REP, BY ITS, PRINCIPAL SECRETARY, MINES AND GEOLOGYDEPARTMENT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 2. THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, SRIKAKULAM, SRIKAKULAM DISTRICT. 3. THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, SRIKAKULAM, SRIKAKULAM DISTRICT. 4. THE STATION HOUSE OFFICER, ETCHERLA POLICE STATION, SIKAKULAM DISTRICT ...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 nature of Writ of Mandamus declaring the action of respondents in seizing the Vehicle Leafing No. AP 31TE 1089 of the petitioner 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 2 MRK, J W.P.No.1668 of 2019, dated 19.02.2026 IA NO: 1 OF 2019 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 Counsel for the Petitioner: 1. K NAVEEN KUMAR Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY (AP) The Court made the following: 3 MRK, J W.P.No.1668 of 2019, dated 19.02.2026 ORDER: The present Writ Petition, filed under Article 226 of the Constitution of India, seeks the following relief: “…to issue an appropriate order, writ, or direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the respondents in seizing the petitioner’s vehicle bearing No. AP 31 TE 1089, without following the procedure prescribed under the relevant statutes, as illegal, arbitrary, and violative of Articles 19 and 21 of the Constitution of India, and consequently direct the respondents to release the said vehicle from their custody…” 2. Heard Sri K. Naveen Kumar, learned counsel for the petitioner, and the learned Assistant Government Pleader for Mines and Geology appearing for respondent Nos. 1 to 3. 3. Apparently, at the stage of admission, this Court granted interim order on 14.02.2019 directing the respondents to release the seized vehicle of the petitioner subject to the condition of furnishing third party security to the satisfaction of the competent authority and with an undertaking that the seized vehicle shall not be alienated pending disposal of the writ petition. 4. The learned Assistant Government Pleader for Mines and Geology appearing for respondent Nos. 1 to 3 brought to the notice of this Court about the new rules made under G.O.Ms.No.100, Industries & Commerce (Mines-II) Department, dated 26.06.2025, issued by the Government of Andhra Pradesh. However, she fairly submits that based on the interim directions of this Court, 4 MRK, J W.P.No.1668 of 2019, dated 19.02.2026 the seized vehicle had been handed over to the petitioner towards interim custody. 5. At this juncture, it is apt to note the Rule 19 (a) (b) prescribed in G.O.Ms.No.100, Industries & Commerce (Mines-II) Department, dated 26.06.2025, issued by the Government of Andhra Pradesh, as under:- “(19) Offences and Penalties: a) In the 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/- b) Any vehicle transporting sand, if found, carrying sand in excess of the quantity specified in Sand transit form/invoice or in excess 5 MRK, J W.P.No.1668 of 2019, dated 19.02.2026 of quantity permitted by the Transport Dept., penalty shall be levied on such excess quantity @ Rs.2000/- per MT c)…………. d)………….. e)…………… f)…………… g)…………..” 6. Whereas Rules 20 and 21 of G.O.Ms.No.100, Industries & Commerce (Mines-II) Department, dated 26.06.2025, issued by the Government of Andhra Pradesh, relate to appeals and the powers to issue orders, clarifications, and guidelines. 7. In view of the aforesaid circumstances, liberty is given to the respondents to initiate appropriate steps in terms of procedure enunciated under Rules 19, 20 and 21 of G.O.Ms.No.100, Industries & Commerce (Mines-II) Department, dated 26.06.2025, issued by the Government of Andhra Pradesh. 8. With the above observations, the present Writ Petition is disposed of. There shall be no order as to costs. 6 MRK, J W.P.No.1668 of 2019, dated 19.02.2026 As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. ___________________________________ JUSTICE MAHESWARA RAO KUNCHEAM 19th February, 2026 cbn 7 MRK, J W.P.No.1668 of 2019, dated 19.02.2026 133 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.1668 of 2019 19th February, 2026 cbn