APHC010265792017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] THURSDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 16944/2017 Between: 1. M/S. GAYATHRI STONES,, REP. BY ITS PROPRIETOR V. SIVA RAMA PRASAD, S/O JAGAN MOHAN RAO, AGE 46 YEARS, R/O AMEENABAD POST, PERINGIPURAM MANDAL, KRISHNA DISTRICT ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, INDUSTRIES & COMMERCE DEPARTMENT, SECRETARIAT, AMARAVATHI, KRISHNA DISTRICT 2. THE DIRECTOR OF MINES AND GEOLOGY, STATE OF ANDHRA PRADESH, IBRAHIMPATNAM, KRISHNA DISTRICT 3. THE ASSISTANT DIRECTOR OF MINES GEOLOGY, RAMAVARAPPADU, VIJAYAWADA, KRISHNA DISTRICT 4. THE ASSISTANT DIRECTOR OF MINES GEOLOGY, (VIGILANCE), SATYANARAYANAPURAM VIJAYAWADA, K ...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 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 lorry bearing No. AP 27 TY 2829 along with the finished product of tiles and slabs of the Petitioner and demanding seigniorage fee on the finished product as arbitrary, illegal, unjust, unconstitutional, violative of principles of natural 2 justice and contrary to Mines and Minerals (Development & Regulation) Act 1957, A.P. Minor Mineral Concession Rules 1966 and Mineral Dealers Rules 2000 and pass IA NO: 1 OF 2017(WVMP 2264 OF 2017 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 vacate the interim orders dated. 11.05.2017 in WP MP No.20773 of 2017 in WP.No.16944 of 2017 and pass IA NO: 2 OF 2017(WPMP 20773 OF 2017 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 vehicle bearing No. AP 27 TY 2829 along with material, pending disposal of the writ petition and pass IA NO: 3 OF 2017(WPMP 21454 OF 2017 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 list the matter "FOR BEING MENTIONED" to correct the Lorry No. AP 27 TU 2829 instead of AP 27 TY 2829 pending disposal of the above Writ Petition in the interests of Justice. Counsel for the Petitioner: 1. P VIJAYA LAKSHMI Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 16944 OF 2017 ORDER: This Writ Petition under Article 226 of the Constitution of India is filed for 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 lorry bearing No. AP 27 TU 2829 along with the finished product of tiles and slabs of the Petitioner and demanding seigniorage fee on the finished product as arbitrary, illegal, unjust, unconstitutional, violative of principles of natural justice and contrary to Mines and Minerals (Development & Regulation) Act 1957, A.P. Minor Mineral Concession Rules 1966 and Mineral Dealers Rules 2000 and pass….” 2. Heard Ms. P. Vijaya Lakshmi, learned counsel for the petitioner and Ms. M. Anusha, learned Assistant Government Pleader for Mines and Geology appearing for the respondents. 3. Apparently, at the stage of admission, this Court granted interim order on 11.05.2017 directing the respondents to release the seized vehicles of the petitioner subject to the condition of furnishing third party security to the satisfaction of the competent authority and with an undertaking that the seized vehicles shall not be alienated pending disposal of the writ petition. 4. Learned Assistant Government Pleader for Mines & Geology appearing for the respondents brought to the notice of this Court about the new rules made under G.O.Ms.No.100 Industries & Commerce (Mines-II) Department dated 26.06.2025 issued by the Government of Andhra Pradesh. However, 4 she fairly submits that after filing of the Contempt Case No.1192 of 2017, the respondent authorities released the subject vehicle in favour of the petitioner, on 18.08.2017. 5. At this juncture, it is apt to note the relevant Rule 19(a) (b) prescribed in G.O.Ms.No.100 Industries & Commerce (Mines-II) Department dated 26.06.2025 issued by the Government of Andhra Pradesh, as under:- “(19) Offences and Penalties: a) In the case of the vehicles engaged in illegal/ un-authorized excavation in the prohibited areas (i.e. within 500 meters from the Ground water structures, Bridges, Dams, Railway lines and cross drainage structures etc.), transportation of sand outside the State and found transporting sand without valid permit shall be penalized as follows: Vehicle Type First Time (In Rs.) Second Time (In Rs.) Tractor Upto 10,000/- Rs. 10,001 to 20,000/- Lorry fitted with upto 10 tires capacity Upto 25,000/- Rs. 25,001/- to 50,000/- Lorry fitted with above 10 tires Upto 50,000/- Rs. 50,001/- to 1,00,000/- Machinery Upto 50,000/- Rs. 50,001/- to 1,00,000/- b) Any vehicle transporting sand, if found, carrying sand in excess of the quantity specified in Sand transit form /invoice or in excess of quantity permitted by the Transport Dept., penalty shall be levied on such excess quantity @ Rs.2000/- per MT c)…………. d)………….. e)…………… f)…………… g)…………..” 5 6. Whereas Rule 20 deals with the appeals, and further Rule 21 of the G.O.Ms.No.100 Industries & Commerce (Mines-II) Department dated 26.06.2025 relates to the powers to issue orders/clarifications/ guidelines. 7. In view of the aforesaid circumstances, liberty is given to the respondents to initiate appropriate steps in terms of procedure enunciated under Rules 19, 20 & 21 of the G.O.Ms.No.100 Industries & Commerce (Mines-II) Department dated 26.06.2025 issued by the Government of Andhra Pradesh. 8. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, in this writ petition shall stand closed. _______________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 05.03.2026 KPV 6 230 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No: 16944 OF 2017 Date: 05.03.2026 KPV