APHC010046792019 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: 2137/2019 Between: 1. D SUDHAKAR REDDY, S/O RAMA SUBBA REDDY, AGE 28 YEARS, OCC AGRICULTURE, RIO D.NO 6/23, ESWAR REDDY NAGAR, SOMULAVARIPALLE,PRODDATUR, KADAPA DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS, PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2. THE TAHSILDAR, PRODDATUR MANDAL, PRODDATUR, YSR KADAPA DISTRICT 3. THE SUB INSPECTOR OF POLICE, PRODDATUR I TOWNL POLICE STATION PRODDATUR, YSR KADAPA 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 toto issue an appropriate writ, order or direction, more in the nature of Mandamus, declaring the action of the 2nd respondent in pasisng the order dated 15.12.2018 in Ref. No. C/1083/2018 directing the petitoner to pay a sum of rs. 2,00,000/- as penalty as being illegal, arbitrary and is in total negation of the mandatory stipualtions under GO ms No. 42, dated 19.3.2018 and consequently set aside the same with a direction to release the tractor bearing No. AP21 TA 3069 and Tralley bearing no AP 04 TW 6040 in favour of the petitioner forthwith, and pass 2 Counsel for the Petitioner: 1. V NITESH Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR MINES AND GEOLOGY (AP) The Court made the following ORDER: This Writ Petition under Article 226 of the Constitution of India is filed for the following relief: “……..declaring the action of the 2nd respondent in passing the order dated 15.12.2018 in Ref. No. C/1083/2018 directing the petitioner to pay a sum of Rs. 2,00,000/- as penalty as being illegal, arbitrary and is in total negation of the mandatory stipulations under G.O.Ms.No. 42, dated 19.3.2018 and consequently set aside the same with a direction to release the tractor bearing No. AP21 TA 3069 and Tralley bearing no AP 04 TW 6040 in favour of the petitioner forthwith, and pass…….” 2. Heard Sri Karthik, learned counsel representing the learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology appearing for the respondents. 3. Apparently, at the stage of admission, this Court granted interim order on 21.02.2019 directing the respondents to release the seized vehicles of the petitioners subject to the condition of furnishing third party security to the satisfaction of the competent authority and with an undertaking that the seized vehicles shall not be alienated pending disposal of the writ petition. 4. Learned Assistant Government Pleader for Mines & Geology appearing for the respondents 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, 3 she fairly submits that based on the interim directions of this Court, the seized vehicles had been handed over to the petitioner towards interim custody. 5. At this juncture, it is apt to note the relevant 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 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 Rule 20 deals with the appeals, and further Rule 21 of the G.O.Ms.No.100 Industries & Commerce (Mines-II) Department dated 26.06.2025 relates to the powers to issue orders/clarifications/ guidelines. 4 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 & 21 of the G.O.Ms.No.100 Industries & Commerce (Mines-II) Department dated 26.06.2025 issued by the Government of Andhra Pradesh. 8. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, in this writ petition shall stand closed. _______________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 19.02.2026 GVK 5 295 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No: 2137 OF 2019 Date: 19.02.2026 GVK