APHC010146572026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] WEDNESDAY,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 7684/2026 Between: 1. KORABANDI KARIMULLA,, W/O K.KIMMANIYELU, AGED ABOUT 32 YEARS, R/O 119-3-150, PEDA PALAKALURU, GUNTUR RURAL, GUNTUR DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY MINES AND GEOLOGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522237. 2. THE STATION HOUSE OIFFICER, THULLURU POLICE STATION, THULLURU, GUNTUR DISTRICT 522237 3. THE TAHASILDAR, THULLURU MANDAL, THULLURU, GUNTUR DISTRICT, 522237 ...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 tomay be pleased to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in seizing the petitioners lorry bearing Regd.No.AP39 VB 4459 under FIR No.71/2026 without following due process of law as illegal, without jurisdiction and contrary to the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 and the Rules framed thereunder and violative of Articles 14, 19(1)(g), 21 and 300-A of the Constitution of India consequently direct the respondents 2 and 3 to release the petitioner vehicle bearing Regd.No.AP39 VB 4459 to her and pass such Counsel for the Petitioner: 1. ANAND KUMAR KOCHIRI 2 Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY The Court made the following ORDER: This Writ Petition under Article 226 of the Constitution of India is filed for the following relief: “……..declaring the action of the 2nd respondent in seizing the petitioners lorry bearing Regd.No.AP39 VB 4459 under FIR No.71/2026 without following due process of law as illegal, without jurisdiction and contrary to the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 and the Rules framed thereunder and violative of Articles 14, 19(1)(g), 21 and 300-A of the Constitution of India consequently direct the respondents 2 and 3 to release the petitioner vehicle bearing Regd.No.AP39 VB 4459 to her and pass such…….” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology appearing for the respondents. 3. Learned counsel 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. 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.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. 3 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. It is apposite to note that 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 similar order. 8. Accordingly, by following the aforesaid judgment, the writ petition is disposed of, with a direction to 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 seized vehicle bearing No. AP39 VB 4459 of the 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: 18.03.2026 GVK 1 2002 (10) SCC 283 4 128 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 7684 of 2026 Date: 18.03.2026 GVK