APHC010101142026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 5491/2026 Between: 1. NIMMAGADDA CHARAN SRINIVAS,, S/O. NAGA ANJANEYULU, AGED 27 YEARS, R/O. 12-66/1, KRISHNA NAGAR, KANURU, PENAMALURU MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH-520007. 2. POLAGANI RAVI KUMAR,, S/O. BALA ANJINEYULU, AGED 33 YEARS, R/O. D. NO. 1-129, RACHAPATNAM, VARAHAPATNAM, KAIKALURU, ELURU DISTRICT, ANDHRA PRADESH-521333. 3. GORIPARTHI MARUTHI GANESH,, S/O. SUBBAIAH, AGED 36 YEARS, R/O. 2-62, GOLLAPALEM, NELAKURU, CHINNAPURAM MANDAL, MACHILIPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS, PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH- 522237. 2. THE DISTRICT MINES AND GEOLOGY OFFICER, GUNTUR DISTRICT, GUNTUR-522502. 3. THE STATION HOUSE OFFICER, THULLURU POLICE STATION, GUNTUR DISTRICT, ANDHRA PRADESH- 522236. ...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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in seizing the Tipper Lorries bearing No. AP 07 TM 2672, AP 07 TG 6951 and AP 31 TF 2022 of the petitioners without following any procedure under statutes as illegal, arbitrary and violative of the procedure contemplated under the A.P. Minor Mineral Concession Rules, 1966 and provisions of the Mines and Minerals (Development and Regulation) Act, 1957., and the rules made there under apart from being violation of Article 14, 19(1)(g) and 300-A of Constitution of India and consequently direct the respondents to release the vehicles of the petitioners from their custody 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 2nd and 3rd respondents to grant interim custody the Tipper Lorries bearing No. AP 07 TM 2672, AP 07 TG 6951 and AP 31 TF 2022 of the petitioners, pending disposal of the above writ petition Counsel for the Petitioner(S): 1. CHETAN PONNURU Counsel for the Respondent(S 1. GP FOR HOME 2. GP FOR MINES AND GEOLOGY THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 5491/2026 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in seizing the Tipper Lorry bearing No. AP 07 TM 2672, AP 07 TG 6951 and AP 31 TF 2022 of the petitioners without following any procedure under statutes as illegal, arbitrary and violative of the procedure contemplated under the A.P. Minor Mineral Concession Rules, 1966 and provisions of the Mines and Minerals Development and Regulation) Act, 1957 and the rules made there under apart from being violation of Article 14, 19(1)(g) and 300-A of Constitution of India and consequently direct the respondents to release the vehicles of the petitioners from their custody and pass.” 2. Heard Sri Chetan Ponnuru, learned counsel for the petitioners, and the learned Government Pleader for Mines & Geology, appearing for the respondents. 3. Learned counsel for the petitioners submits that the petitioners’ vehicle were seized by the 3rd respondent-Station House Officer 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 orders for the release of the vehicles, and he relies on the decision of this Court passed in W.P.No.4447 of 2026 dated 16.02.2026. 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 Gujarat 1 , 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 judgment, the writ petition is disposed of, directing the 3rd respondent to pass orders 1 2002 (10)SCC 283 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 release the vehicles bearing Nos. AP 07 TM 2672, AP 07 TG 6951 and AP 31 TF 2022 to the petitioners within a period of one (01) week from the date of receipt of the copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, shall stand closed. ________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 24.02.2026 Note: issue CC in two days B/o. ANS 58 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 5491/2026 Date: 24.02.2026 Note: issue CC in two days B/o. ANS