1 APHC010098332026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] WEDNESDAY,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 5403/2026 Between: 1. SHAIK ZARINA, W/O.SHAIK KHAJAVALI, AGED ABOUT 56 YEARS, OCC OWNER OF VEHICLE R/O.22-12-26, ITIKAM PADU ROAD, PONNUR, GUNTUR DISTRICT-522124. ...PETITIONER 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 TAHSILDAR, CHIRALA, BAPATIA DISTRICT-523155. 3. THE SUBINSPECTOR OF POLICE, CHIRALA II TOWN UPS, BAPATIA DISTRICT-523155. ...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 No.AP39TS0216 of the Petitioner without following the relevant procedure established by law under APMMC Rules, 1966 and not considering the Letter Rc.No.C/116/2026, Dt 19.02.2026 2 of the 2ND Respondent 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 3RDrespondent to release the said vehicle of the Petitioner 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 to direct the 3RD Respondent to release the Lorry bearing NO.AP39TS0216 of Petitioner pending disposal of the above writ petition in the interest of justice and pass Counsel for the Petitioner: 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 HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 5403/2026 ORDER:- The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking the following main prayer: “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 No AP39TS0216 of the Petitioner without following the relevant procedure established by law under APMMC Rules 1966 and not considering the Letter Rc.No. C/116/2026, Dt.19.02.2026 of the 2nd Respondent 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 3rd to release the said vehicle of the Petitioner forthwith in the interest of justice and pass” 2. Heard Mr.B.Jaya Prabhakara Rao, learned counsel for the petitioner, Government Pleader for Mines and Geology and Government Pleader for Revenue. 3. The substratum of the writ petition is the challenge to the inaction of the respondents in illegally seizing the lorry bearing No. AP-39-TS-0216 belonging to the petitioner. 4. The learned counsel for the petitioner contends that the subject vehicle has been engaged by the petitioner for transporting sand with valid permits. It 4 is further submitted by the learned counsel for the petitioner that when 3rd respondent-police seized the Lorry bearing No.AP-39-TS-0216 at 2.00 a.m., at Three Road Centre, Kothapeta Panchayat, Vetapalem Mandal on the ground that the petitioner is transporting the sand Chirala for higher prices. Consequent to the seizure, the 3rd respondent lodged the FIR vide Crime No.31 of 2026 of Chirala II Town UPS under Sections 303(2) of Bharatiya Nyaya Sanhita, 2023 and Section 21(2) of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957). 5. The learned counsel for the petitioner contends that the subject vehicle was engaged for transporting sand with valid permits. It is further submitted that the 3rd respondent-police seized the lorry bearing No. AP-39-TS-0216 at 2:00 a.m. at Three Road Centre, Kothapeta Panchayat, Vetapalem Mandal, on the ground that the petitioner was transporting sand to Chirala to sell higher prices. Consequent upon the seizure, the 3rd respondent registered an FIR vide Crime No. 31 of 2026 of Chirala II Town UPS for the offences under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 21(2) of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957). 6. According to the learned counsel, the petitioner possesses a valid way bill issued by the A.P. Sand Management System under Order ID No. BC67A0119-7K9, Trip No. 96, in the name of the customer Pothula Veera 5 Bhadra Rao, East West Marine Foods Private Limited. The dispatch date is mentioned as 17.02.2026 at 02:02:13 PM, covering the relevant period. 7. It is also contended that the 3rd respondent communicated the seizure of the lorry to the 2nd respondent vide letter dated 19.02.2026. Consequently, the 2nd respondent imposed a penalty of Rs.3,000/- for release of the sand loaded in the said vehicle. According to the learned counsel for the petitioner, the said amount has already been remitted under Andhra Pradesh CFMS ID No. 90212127142025 under the Head of Account 0853-00-102-00-81 (Penalty) on 19.02.2026. Thus, despite payment of the penalty amount, the 3rd respondent has not released the vehicle. 8. The learned Assistant Government Pleader for Mines and Geology fairly submits that she does not dispute the submissions made by the petitioner. 9. In the facts and circumstances of the case, coupled with the well-settled legal principles laid down by the Hon’ble Apex Court in Sunderbhai Ambalal Desai vs. State of Gujarat1, this Court is inclined to direct respondent No.3, the Station House Officer, Chirala II Town UPS, Bapatla District, to release the subject lorry bearing No. AP-39-TS-0216 forthwith. It is made clear that the above findings are confined only to the instant writ petition insofar as the release of the vehicle is concerned, and they shall not curtail the rights of the investigating officer in the course of criminal proceedings. 1 ( 2002) 10 SCC 283 6 10. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 25.02.2026 S D P 7 113 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 5403/2026 25.02.2026 W S D P