APHC010252712026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] WEDNESDAY,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 13321/2026 Between: 1. M/S TNR CONSTRUCTIONS COMPANY, REPRESENTED BY ITS OWNER, MACHA NAGARAJU S/O PEDDA VENKATASWAMY AGED ABOUT 41 YEARS O/O 1-75, LINGAMAIH KATTA, PAMULAPADU, NANDYAL, ANDHRA PRADESH - 518442 ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY MINES AND GEOLOGY DEPARTMENT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH - 522238. 2. ASSISTANT DIRECTOR OF MINES AND GEOLOGY, REGIONAL VIGILANCE SQUAD, KUMOOL, KURNOOL DISTRICT, ANDHRA PRADESH - 518001. 3. STATION HOUSE OFFICER, PAMULAPADU POLICE STATION, NANDYAL DISTRICT, ANDHRA PRADESH - 518442. ...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 the respondents particularly the 2nd respondent in seizing the Tipper bearing No. AP 39 UD 2586 of the writ petitioner company without following any procedure under statutes and not releasing the writ petitioner company’s Tipper bearing no. AP 39 UD 2586 from the custody of the 3rd respondent as illegal, arbitrary and violative of Article 19, 21 of Constitution of India and consequently direct the respondents to release the writ petitioner company’s Tipper bearing no. AP 39 UD 2586 forthwith and pass such 2 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 may be pleased to direct the respondents to grant interim custody of the writ petitioner company’s Tipper bearing no. AP 39 UD 2586 forthwith pending disposal of the writ petition and pass such Counsel for the Petitioner: 1. K V RAGHU VEER Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY The Court made the following: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 13321 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 the respondents particularly the 2nd respondent in seizing the Tipper bearing No. AP 39 UD 2586 of the writ petitioner company without following any procedure under statutes and not releasing the writ petitioner company’s Tipper bearing no. AP 39 UD 2586 from the custody of the 3rd respondent as illegal, arbitrary and violative of Article 19, 21 of Constitution of India and consequently direct the respondents to release the writ petitioner company’s Tipper bearing no. AP 39 UD 2586 forthwith 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 4 learned counsel for the petitioner since the issue involved in this writ petition is squarely covered by an earlier decision of this Court. 5. It is appropriate to extract the relevant Sub-Rule (3)(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966:- “For the sub-rule 3(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966: If the Driver or owner of the vehicle fails to produce a valid transit permit issued by the concerned Assistant Director of Mines and Geology, the officer in charge of the check post or barrier or during the interception of the movement of the vehicle, may require the Driver or the owner of the vehicle to pay five times of the normal Seigniorage fee as penalty in addition to the normal Seigniorage fee along with DMF and MERIT amounts for the quantity not covered under the transit permit.” 6. Further, the Hon’ble Division Bench of this Court in Naganath Vs. State of A.P. (WA No.4 of 2021), interpreted the above quoted Rule and categorically held at Para No.7 as under: “........... On a reading of the above Rule, there is nothing to indicate, the vehicle cannot be released, unless the penalty and 5 seigniorage fee is paid. All that the rule states is that the penalty equal to market value of the mineral seized along with seigniorage fee prevalent at that time can be ordered to be paid at the time of interception of the vehicle, if driver or person-incharge of the vehicle fails to produce a valid permit. But, nowhere the Rule postulates that the vehicle cannot be released, unless the same is paid.” 5 7. In addition, the Hon’ble Supreme Court, in the case of Sunderbhai Ambalal Desai Vs. State of Gurajat, in its expression held that merely keeping vehicles would not serve any fruitful purpose. 8. Considering the submissions made by learned counsel on both sides and keeping in view the earlier orders passed by this Court, this Court is inclined to dispose of the Writ Petition at the stage of admission, with the consent of both parties, with the following directions: i) The 2nd respondent is directed to pass appropriate 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; ii) After levy of penalty and on payment of such penalty, the petitioner shall produce the receipt of such payment and ownership documents of the vehicle to the satisfaction of the 3rd respondent. iii) In such an event, the 3rd respondent is hereby directed to release the seized vehicle of the petitioner i.e., Tipper Lorry bearing No. AP 39 UD 2586. There shall be no order as to costs. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 06.05.2026 PBS 6 53 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.13321 of 2026 Date: 06.05.2026 PBS