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2026 DAILYLAW 15846 (AP)

BANNARAVURI NARESH v. THE STATE OF ANDHRA PRADESH

WP/2605/2026 · 2026-01-29

Venkateswarlu Nimmagadda

body2026

Judgment text

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2605 OF 2026 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ of Mandamus declaring the action of the Respondents in seizing the Tipper Lorry bearing No.AP 39 WG 4149 of the 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 & provisions of the Mines and Minerals (Development & Regulation) Act, 1957, and the rules made thereunder apart from being violation of Articles 14, 19(1)(g) and 300-A of the Constitution of India and consequently direct the respondents to release the vehicle of the petitioner from their custody.” 2. Sri Chetan Ponnuru, learned counsel for the petitioner and the learned Government Pleader for Mines & Geology submit that the issue involved in this petition is squarely covered by the order of this Court in W.P.No.6676 of 2021 dated 23.03.2021. 3. In W.P.No.6676 of 2021 dated 23.03.2021, this Court passed an order, the operative portion of which reads as follows: “Having heard the submissions of both the counsel and on perusal of the material available on record, it is appropriate to extract the relevant portion of the G.O.Ms.No.35, dated 01.07.2020 for better adjudication of this matter. For the sub-rule 3(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966: “If the Driver or owner of the vehicle fails to produce a valid e- transit permit issued by the concerned Asst. Director of Mines and Geology or an officer authorised by the Director of Mines & Geology, the officer in charge of the check post or 3 barrier or during the interception of the movement of the vehicle, may require the Driver or the owner of the vehicle to pay Five times of the normal Seigniorage fee as penalty in addition to the Normal Seigniorage fee along with DMF and MERIT amounts for the quantity not covered under the e-transmit permit” 4. In view of the submission of the learned counsel for the petitioner and the learned Government Pleader Mines & Geology, this writ petition also stands disposed of, in terms of the said order. 5. The petitioners are permitted to comply with the terms and conditions stipulated in sub-rule 3(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966, and on compliance, the respondents are directed to release the seized vehicles to the petitioners. 6. Consequently, miscellaneous applications, pending if any, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:30.01.2026 Note: Furnish copy by 31.01.2026 b/o SP THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2605 OF 2026 Date:30.01.2026 W Note: Furnish copy by 31.01.2026 SP