APHC010088592026 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: 4888/2026 Between: 1. ADDAGARLA SUJANA,, W/O.SATTIBABU, AGED ABOUT 34 YEARS, OCC. OWNER OF VEHICLE, R/O.1-178, ARUGOLANU, TADEPALLIGUDEM MANDAL. WEST GODAVARI DISTRICT - 534146. 2. GOPI KRISHNA KALLA,, S/O.DHARMA RAJU, AGED ABOUT 49 YEARS, OCC. OWNER OF VEHICLE, R/O.7-44-1/1, CHETIA ROAD, TADEPALLIGUDEM, SATYAVATHI NAGAR, NEAR KANAKA MAHALAKSHMI WEST GODAVARI DISTRICT -534101. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522237. 2. THE DISTRICT MINES AND GEOLOGY OFFICER, BHIMAVARAM, WEST GODAVARI DISTRICT-534201. 3. THE STATION HOUSE OFFICER, TADEPALLIGUDEM RURAL POLICE STATION WEST GODAVARI DISTRICT-534101. 4. THE TAHSILDAR, TADEPALLIGUDEM, WEST GODAVARI DISTRICT-534101. ...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 2 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 NoAP39UH4014 of the 1st Petitioner, Lorry bearing No.AP39UZ3777 of the 2nd Petitioner, without following the relevant procedure established by law under APMMC Rules, 1966 as illegal, irregular, arbitrary and contrary to the procedure established by law and violative of Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the said vehicles 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 NoAP39UH4014 of the 1®* Petitioner, Lorry bearing No.AP39UZ3777 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 ORDER: The present Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “…to issue an appropriate order or direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the 3rd Respondent in seizing the lorry bearing No. AP39UH4014 belonging to the 1st Petitioner and the lorry bearing No. AP39UZ3777 belonging to the 2nd Petitioner, without following the relevant procedure established by law under the APMMC Rules, 1966, as illegal, irregular, arbitrary, contrary to the procedure established by law, and violative of Articles 14, 21, and 19(1)(g) of the Constitution of India, and consequently directing the respondents to release the said vehicles of the Petitioners forthwith, in the interest of justice, and pass such…” 2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Mines and Geology appearing for the respondents. 3. Learned counsel for the petitioners submits that the petitioners vehicles were seized by the 3rd respondent without authority of law and in violation of the provisions of Sub-Rule (3)(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966. He further submits that a direction may be given to the respondent authorities to pass appropriate 4 orders for the release of the vehicles, and he relies on the decision of this Court passed in W.P.No.1570 of 2026 dated 20.01.2026. 4. 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. 5. Considering the submissions made 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. 6. In addition, the Hon’ble Supreme Court, in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat1, in its expression held that merely keeping vehicles would not serve any fruitful purpose. 7. Apart from the above, it has been brought to the notice of this Court by the respective counsel that similar orders have been passed in identical matters. Thus, this Court is inclined to pass a similar order. 8. Accordingly, by following the aforesaid judgments, the Writ Petition is disposed of, directing the 3rd respondent to pass orders in terms of Sub- Rule (3)(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966 and collect the due seigniorage fee and penalty as per law and 1 2002 (10) SCC 283 5 release the vehicles bearing Nos. AP 39 UH 4014 and AP 39 UZ 3777 of the petitioners, within a period of one (1) week, from the date of receipt of the copy of this order. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM 19th February, 2026 Note: Issue C.C. by 20.02.2026 B/o cbn 6 52 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.4888 of 2026 19th February, 2026 Note: Issue C.C. by 20.02.2026 B/o cbn