1 APHC010152112026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 7955/2026 Between: 1. NERSU SUBRAHMANYAM, S/O. N. RAMBABU, R/O. H.NO. 2-1088, NEAR SAI BABA TEMPLE, APPALARAJUGUDEM, T.NARASPURAM (M) WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPT., SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.- 522237 2. THE TAHSILDAR OF JEELUGUMILLI, MANDAL, ELURU DISTRICT.- 534456 3. THE STATION HOUSE OFFICER, JEELUGUMILLI POLICE STATION, ELURU DISTRICT.-534456 . ...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 issue a Writ of mandamus or any other appropriate writ order or direction declaring the action of 3rd respondent in seizing the sand laden Lorry No. AP 16 TS 9289 of the petitioner without adhering to the rules made under the Mines and Minerals Act, 1957 as illegal, arbitrary, inconsistent with the 2 Rules and violative of principles of natural justice and fundamental rights guaranteed under Article 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the respondents to release the sand laden Lorry No. AP 16 TS 9289 of the petitioner along with sand forthwith 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 forthwith release the Lorry AP 16 TS 9289 of the petitioner seized with sand in connection with Cr.No.38/2026 of Jeelugumilli police station pending disposal of the writ petition in the interest of Justice Counsel for the Petitioner: 1. G KUMAR YADDLAPALLI Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR MINES AND GEOLOGY The Court made the following: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 7955 of 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 a Writ of mandamus or any other appropriate writ order or direction declaring the action of 3rd respondent in seizing the sand laden Lorry No. AP 16 TS 9289 of the petitioner without adhering to the rules made under the Mines and Minerals Act, 1957 as illegal, arbitrary, inconsistent with the Rules and violative of principles of natural justice and fundamental rights guaranteed under Article 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the respondents to release the sand laden Lorry No. AP 16 TS 9289 of the petitioner along with sand forthwith and pass….” 2. Heard the submissions of Sri G.Kumar Yaddlapalli, learned counsel for the petitioner and the learned Assistant Government Pleader for Mines and Geology for the respondents. 3. Challenging the action of the respondents in illegally seizing the TATA Lorry bearing No. AP 16 TS 9289 belonging to the petitioner, the instant Writ Petition is filed. 4. Learned counsel for the petitioner contends that the subject vehicle has been engaged by the petitioner for transporting sand with valid permits. On 26.10.2025, when the sand laden lorry of the petitioner was on its way to Eluru, the 3rd respondent herein seized the vehicle alleging that the petitioner has been transporting sand without valid documents. 4 5. When the matter has been taken up for consideration today, the learned Assistant Government Pleader for Mines and Geology fairly submits that the vehicle has valid permits for transportation of sand. 6. In Sunderbhai Ambalal Desai v. State of Gujarat, in this case the Apex Court emphasized the importance of prompt release of seized vehicles during the pendency of proceedings and observed that keeping vehicles in police custody for prolonged periods leads to their deterioration and loss of value, serving no useful purpose and thus established that a practical and pragmatic approach should be adopted, making interim release of vehicles the general rule. 7. Having regard to the same, this Court deems it appropriate to direct the respondent No.3/ Station House Officer, Jeelugumilli Police Station, Eluru District to release the subject vehicle bearing No.AP 16 TS 9289 forthwith. 8. Following the above dictum of the Hon’ble Apex Court, the writ petition is disposed of. The 3rd respondent is hereby directed to release the subject vehicle bearing No.AP 16 TS 9289 to the petitioner on producing the receipt of ownership documents of the vehicle bearing No.AP 16 TS 9289 forthwith. No costs. Pending miscellaneous petition, if any, shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 31.03.2026 5 RMR 6 233 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 7955 of 2026 31.03.2026 W RMR