1 APHC010049972021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 3276/2021 Between: 1. DABBARA VENKATA NARAYANA,, S/O.D.NARAYANA AGED ABOUT 47 YEARS, R/O.16-241, SREENIVASAPURAM TADIPATRI, ANANTHAPURAM DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, (MINES AND GEOLOGY), SECRETARIAT, VELAGAPUDI, AMARAVATHI 2. THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, SRI ANJANEYA TOWERS, D.NO.7-104, B-BLOCK, 5TH AND 6TH FLOORS, IBRAHIMPATNAM, VIJAYAWADA- 521456 3. THE ASST DIRECTOR OF MINES AND GEOLOGY, REGIONAL VIGILANCE SQUAD (FAC) NARASIMHA REDDY NAGAR, RAILWAY STATION ROAD KURNOOL, A.P ...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 pass an order or orders or direction more particularly one in the nature of a writ of mandamus declaring that the action of the 2nd respondent in not considering the Appeal dated.30.11.2020 filed by the petitioner 2 challenging the impugned demand notice by the 3rd respondent vide Notice No.2289/RVS-KNL/2019 dated.30.09.2020 demanding to pay an amount of Rs.18,62,967/- towards penalty for the transportation of 121.276 Cbm purportedly to be based on 08 weighment slips from 30.05.2020 to 05.06.2020 found in the vehicle of the Petitioner herein bearing Registration No.AP 02 TE 3667 and also demanding an amount of Rs.304023/- towards penalty for the transportation of 18.234 Cbm loaded in the Petitioner's vehicle as arbitrary, illegal, contrary to the provisions of Mines and Minerals (Development and Regulation) Act, 1957, A.P. Minor Mineral Concession Rules, 1966 (APMMC Rules), The Andhra Pradesh Mineral Dealer's Rules, 2017, violative of order dt.23.11.2020 passed by this Hon'ble High Court in W.P No.21803 of 2020, besides being violative of the petitioners' rights guaranteed under Article 14, Article 19 (1) (g) and Article 300 A of the Constitution of India and pass IA NO: 1 OF 2021 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 to direct the 2nd Respondent herein to consider and disposed off the application dated.21.01.2021 filed by the Petitioner herein to release the petitioner's Multi- Axle Goods Vehicle (Ashok Leyland Ltd Make) bearing Registration No. AP 02 TE 3667 along with the Rough granite blocks seized and kept at APSRTC, Pathikonda depot and pass Counsel for the Petitioner: 1. ELEVATED AS JUDGE Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY The Court made the following: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 3276/2021 ORDER:- The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking the following main prayer: “to pass an order or orders or direction more particularly one in the nature of a writ of mandamus declaring that the action of the 2nd respondent in not considering the Appeal dated.30.11.2020 filed by the petitioner challenging the impugned demand notice by the 3rd respondent vide Notice No.2289/RVS-KNL/2019 dated.30.09.2020 demanding to pay an amount of Rs.18,62,967/- towards penalty for the transportation of 121.276 Cbm purportedly to be based on 08 weighment slips from 30.05.2020 to 05.06.2020 found in the vehicle of the Petitioner herein bearing Registration No.AP 02 TE 3667 and also demanding an amount of Rs.304023/- towards penalty for the transportation of 18.234 Cbm loaded in the Petitioner's vehicle as arbitrary, illegal, contrary to the provisions of Mines and Minerals (Development and Regulation) Act, 1957, A.P. Minor Mineral Concession Rules, 1966 (APMMC Rules), The Andhra Pradesh Mineral Dealer's Rules, 2017, violative of order dt.23.11.2020 passed by this Hon'ble High Court in W.P No.21803 of 2020, besides being violative of the petitioners' rights guaranteed under Article 14, Article 19 (1) (g) and Article 300 A of the Constitution of India and pass” 2. When the matter is taken up for hearing, Mr.Sai Phanindra, learned counsel appearing for the petitioner submits that the matter has become infructuous. 4 3. Accordingly, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 18.02.2026 S D P 5 274 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 3276/2021 18.02.2026 W S D P