APHC010051912026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3964/2026 Between: 1. BATTULA JAMALAIAH, S/O. CHITTAIAH AGED ABOUT 49 YEARS, OWNER OF TATA HITACHI EX-200LC MACHINE R/O. 4-295, REDDYGUDEM MANDAL, KUNAPARAJUPARVA, KRISHNA DISTRICT -521215. 2. NISSANKARA RAMU,, S/O. ARJUNA RAO AGED ABOUT 46 YEARS. OWNER OF TATA HITACHI EX-200LC MACHINE R/O. H.NO.3-50, EDULAKUNTA, PEDAPADU MANDAL, ELURU DISTRICT - 534002. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUTUR DISTRICT-522237. 2. THE DISTRICT MINES AND GEOLOGY OFFICER, KRISHNA DISTRICT AT MACHILIPATNAM. 3. THE STATION HOUSE OFFICER, GANNAVARAM UPS, KRISHNA 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 2 pleased topleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent authorities in insisting to deposit the amount of Rs. 4,00,000/- each instead of personal bond/solvency for release of the vehicles i.e., (1) TATA Hitachi Ex-200LC Machine of the 1st Petitioner and (2) TATA Hitachi EX-200LC Machine of the 2nd Petitioner, contrary to the orders passed in W.P.No. 10002 of 2024 dt. 15-7-2024 as being illegal, arbitrary, unconstitutional and colourable exercise of powers, and to grant 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 may be pleased to direct the respondent authorities to forthwith release the vehicles i.e., (1) TATA Hitachi Ex-200LC Machine of the 1st Petitioner and (2) TATA Hitachi Ex-200LC Machine of the 2nd Petitioner, by accepting the personal bond/solvency in terms of the orders passed in W.P.No. 10002 of 2024 dt. 15-7-2024, pending disposal of the main Writ Petition, and to pass Counsel for the Petitioner(S): 1. V BABY RANI Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR MINES AND GEOLOGY The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.3964 OF 2026 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- <to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in insisting to deposit the amount of Rs.4,00,000/- each instead of personal bond/solvency for release of the vehicles i.e., (1) TATA Hitachi Ex-200LC Machine of the 1st Petitioner and (2) TATA Hitachi EX-200LC Machine of the 2nd Petitioner contrary to the orders passed in W.P.No.10002 of 2024 dt.15.7.2024 as being illegal, arbitrary, unconstitutional and colourable exercise of powers and to grant such other order or orders...= 2. Heard learned counsel for the petitioners and learned Government Pleader for the respondents. 3. Learned counsel for the petitioners submits that the issue involved in this Writ Petition is squarely covered by the order dated 06.07.2021 passed by this Court in W.P.No.10954 of 2021. Hence, requested this Court to dispose of the present writ petition in terms of the order dated 06.07.2021. 4. Learned Government Pleader for the respondents submits that the respondents are not insisting the petitioners for any deposit of money but only requesting for undertaking not to alienate the subject vehicles and also requested to produce the vehicles whenever notice is issued to the petitioners 4 for production of the subject vehicles either before the Court or before the investigating authority. He further submits that he has no objection to dispose of the matter in terms of the order dated 06.07.2021 passed by this Court in W.P.No.10954 of 2021. 5. Following the same, this Writ Petition is also allowed in terms of the order passed in W.P.No.10954 of 2021, dated 06.07.2021, with the following conditions: i) The respondent authorities shall give interim custody of the vehicle bearing No.TATA Hitachi Ex-200LC Machine to the 1st petitioner upon his furnishing a personal bond for Rs.4,00,000/-and producing proof in support of his ownership of the vehicle; ii) The respondent authorities shall give interim custody of the vehicle bearing No.TATA Hitachi Ex-200LC Machine to the 2nd petitioner upon his furnishing a personal bond for Rs.4,00,000/- and producing proof in support of his ownership of the vehicle; iii) The petitioners shall give an undertaking to produce the vehicles as and when required either by the authority concerned or Court or the Investigating Agency and also give an undertaking that they will not alienate, encumber or alter the physical features of their respective vehicles. There shall be no order as to costs. 5 As a sequel, miscellaneous applications pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Date:11.02.2026 BSP 6 19 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.3964 OF 2026 Date:11.02.2026 BSP