APHC010043392026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2478/2026 Between: 1. NAMBURI SRINIVASA RAO, S/O. SUBBARAO, AGED ABOUT 47 YEARS, R/O. 1 -80, S.N. PURAM, KACHAVARAM, KRISHNA DISTRICT, ANDHRA PRADESH. 2. NAMBURI RAMACHANDRA RAO, , S/O. SRINIVASA RAO, AGED ABOUT 21 YEARS, R/O. 1-80, S.N. PURAM, KACHAVARAM, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) 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, TADEPALLI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH- 522502. 3. THE STATION HOUSE OFFICER, TADEPALLI POLICE STATION, GUNTUR DISTRICT, ANDHRA PRADESH-522502 ...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 toleased 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 Tipper Lorry bearing No. AP 39 UC 5149 of the 1ST petitioner and Tipper 2 Lorry bearing No. AP 39 TO 9589 of the 2ND 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 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 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 2ndand 3rd respondents to grant interim custody the Tipper Lorry bearing No. AP 39 UC 5149 of the 1st petitioner and Tipper Lorry bearing No. AP 39 TQ 9589 of the 2nd petitioner, pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. CHETAN PONNURU 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: 2478/2026 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “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 Tipper Lorry bearing No. AP 39 UC 5149 of the 1st petitioner and Tipper Lorry bearing No. AP 39 TQ 9589 of the 2nd 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 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 vehicles of the petitioners from their custody and pass such other order.” 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. He further submits that a direction may be given to the respondent authorities to pass appropriate orders for the release of the vehicles, and he relies 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 vehicle bearing No.AP 39 UC 5149 of petitioner No.1 and vehicle bearing No.AP 39 TQ 9589 of petitioner No.2, seized by the 3rd respondent, to the petitioners, within a period of one (01) week from the date of receipt of the copy of the order. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 29.01.2026 TTPPSS 5 69 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2478/2026 29.01.2026 TTPPSS