APHC010052852026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3076/2026 Between: 1. GOLI SIVA LAKSHMI, S/O.SIVA RAMI REDDY, AGED ABOUT 42 YEARS, OWNER OF LORRY, R/O.5-63, YARRAGUNTAPALLI, CHINTALAPUDI MANDAL, ELURU DISTRICT -534460. 2. GOLI SIVA RAMI REDDY,, S/O.SURYA CHANDRA REDDY, AGED ABOUT 45 YEARS. OWNER OF LORRY, R/O.5-63, YARRAGUNTAPALLI, CHINTALAPUDI MANDAL, ELURU DISTRICT - 534460. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUTUR DISTRICT-522237. 2. THE TAHSILDAR, DEVARAPALLI, EAST GODAVARI DISTRICT- 531030. 3. THE STATION HOUSE OFFICER, DEVARAPALLI POLICE STATION, EAST GODAVARI DISTRICT-531030. ...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 topleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in seizing the Lorry bearing AP39WE4149 of the 1st Petitioner 2 and Lorry bearing No.AP39WB8555 of the 2nd Petitioner in connection with FIR No.30 of 2026 without following the procedure known to the law under APMMC Rules, 1966 as illegal, irregular, arbitrary and contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the above said vehicless of the Petitioners forthwith in the interest of justice 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 respondents to release the Lorry bearing AP39WE4149 of the 1st Petitioner and Lorry bearing NO.AP39WB8555 of the 2nd Petitioner pending disposal of the above writ petition in the interest of justice and pass Counsel for the Petitioner(S): 1. B JAYA PRABHAKARA RAO 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: 3076/2026 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in seizing the Lorry bearing number AP39WE4149 of the 1st Petitioner and Lorry bearing No.AP39WB8555 of the 2nd Petitioner in connection with FIR No.30 of 2026 without following the procedure known to the law under APMMC Rules, 1966 as illegal, irregular, arbitrary and contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the above said vehicles of the petitioners forthwith in the interest of justice and pass such other order or orders...” 2. Heard learned counsel for the petitioners, learned Assistant Government Pleader for Mines and Geology for the respondent No.1, learned Government Pleader for Revenue for respondent No.2 and learned Government Pleader for Home for respondent No.3. 3. Learned counsel for the petitioners submits that the petitioners are the owners of the vehicles bearing Nos. AP39WE4149 & AP39WB8555 respectively and they have been using the subject vehicles for commercial use on hire. While so, on 28.01.2026, the respondent No.3 herein has seized the vehicles alleging that the petitioners have been transporting the sand without valid documents. 4. Learned counsel for the petitioners further submit that the respondent No.3 has illegally seized the vehicles of the petitioners and registered an FIR 4 No.30 of 2026 under Section 303(2) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 21(1), 21(4) of Mines and Minerals (Development and Regulation) Act, 1957. Hence, learned counsel for the petitioners prays that this Hon’ble Court may direct the respondents to release the vehicles. In support of his contentions, the learned counsel for the petitioners relied on a decision of this Court in W.P.No.35886 of 2025 and prayed this Court to dispose of this Writ Petition in terms of the said order. He also relies on G.O.Ms.No.100, dated 26.06.2025. 5. The relevant clauses of Clause 19(a) of the said G.O.Ms.No.100 Industries and Commerce (Mines-II), Department, dated 26.06.2025, reads as follows: Q. Offences and Penalties: i. In 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 Sand Way bill /invoice 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/- Thus, he argues that the authorities cannot seize the vehicles for any alleged violations, they could, at the best levy only penalties. 5 6. On the other hand, 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. 7. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, in view of the earlier orders passed by this Court and with the consent of learned counsel for both the parties, this Court is inclined to dispose of the Writ Petition at the stage of admission as under. 8. Accordingly, the present Writ Petition is disposed of, directing the respondent authorities to pass appropriate orders in terms of clause 19(a) of G.O.Ms.No.100, Industries and Commerce (Mines-III), Department, dated 26.06.2025, for levying penalty if any. After levy of penalty and on payment of such penalty, the seized vehicles shall be released to the petitioners respectively by the 3rd respondent on producing of the receipt of such payment and ownership documents of the vehicles to the satisfaction of the 3rd respondent. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 04.02.2026 TPS 6 37 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3076/2026 04.02.2026 TPS