1 APHC010106702026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] MONDAY,THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 5759/2026 Between: 1. SHAIK MEERAB SAHEB, S/O.NABHI SAHEB, AGED ABOUT 35 YEARS, OWNER OF LORRY R/O. 7-130, SHERMOHAMMEDPET, JAGGAIHPETASHER, JAGGAYYAPETA, NTR DISTRICT-521175. ...PETITIONER 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 TAHSILDAR, CHILLAKALLU MANDAL, NTR DISTRICT. 524412 3. THE STATION HOUSE OFFICER, CHILLAKALLU POLICE STATION, NTR DISTRICT.524412 ...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 to pleased 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.AP39UJ1755 of the Petitioner in connection with FIR No.24 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 2 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the above 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 respondents to release the Lorry bearing NO.AP39UJ1755 of the 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: 5759 OF 2026 ORDER: This Writ Petition under Article 226 of the Constitution of India is filed for the following relief: “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.AP-39-UJ- 1755 of the Petitioner in connection with FIR No.24 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 vehicle of the Petitioner forthwith in the interest of justice and pass” 2. Heard Ms.S.R.P.Sundari, learned counsel representing Mr.Jaya Prabhakara Rao, learned counsel for the petitioner and Ms.M.Anusha, learned Assistant Government Pleader for Mines and Geology appearing for the respondents. 3. Learned counsel appearing for the petitioner submits that the petitioner’s vehicle was 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. She further submits that a direction may be given to the respondent authorities to pass appropriate 4 orders for the release of the vehicle, and she 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 petitioner 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 release the lorry bearing No.AP-39-UJ-1755 seized by the 3rd respondent to the 1 2002 (10) SCC 283 5 petitioner 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. Miscellaneous petitions, if any, in this writ petition shall stand closed. _______________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 02.03.2026. Note: Issue C.C. by today. B/o. S D P 6 19 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 5759 OF 2026 Date: 02.03.2026. Note: Issue C.C. by today. B/o. S D P