APHC010308412017 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: 27675/2017 Between: 1. RAMU NAIDU PALURI, S/O SWAMI NAIDU, AGED ABOUT 28 YEARS, OCC. BUSINESS, D.NO.9-37, SAMAYYAVALASA, PANDRANGI, PADMANABHAM (M), VISAKHAPATNAM DIST. 2. MUGADA RAMU, S/O. NAGANNA, AGED ABOUT 36 YEARS, OCC. BUSINESS, MUGADAPETA, LAKSHINIPURAM, CHITTIVALASA, BHEEMUNIPATNAM, VISAKHAPATNAM DIST. 3. APPALA NAIDU BOKAM, S/O. SURI, AGED ABOUT 34 YEARS, OCC. BUSINESS, GULLEPALLI (V), SABBAVARAM (M), VISAKHAPATNAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS , PRINCIPAL SECRETARY, MINES & GEOLOGY DEPARTMENT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2. THE STATION HOUSE OFFICER, J R PURAM POLICE STATION, SRIKAKULAM DISTRICT. 3. THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, SRIKAKULAM, SRIKAKULAM DISTRICT. ...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 an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the action of respondents in seizing the Vehicles bearing No. AP 31TH 4549, AP 35X 3388 and AP 37TB 3627 of the petitioners without following any procedure under statutes as illegal, arbitrary and 2 violative of Article 19, 21 of Constitution of India and consequently direct the respondents to release the vehicle from their custody and pass IA NO: 1 OF 2017(WPMP 34375 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 2nd and 3rd respondents to grant interim custody of vehicles bearing No. AP 31TH 4549, AP 35X 3388 and AP 37TH 3627 to the petitioners pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1. K NAVEEN KUMAR Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR MINES AND GEOLOGY (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 27675 OF 2017 ORDER: This Writ Petition under Article 226 of the Constitution of India is filed for the following relief: “……..to issue an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the action of respondents in seizing the Vehicles bearing No. AP 31TH 4549, AP 35X 3388 and AP 37TB 3627 of the petitioners without following any procedure under statutes as illegal, arbitrary and violative of Article 19, 21 of Constitution of India and consequently direct the respondents to release the vehicle from their custody and pass….” 2. Heard Sri K.Naveen Kumar, learned counsel for the petitioners 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 18.08.2017 directing the respondents to release the seized vehicles of the petitioners 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 based on the interim directions of this Court, the seized vehicles had been handed over to the petitioner towards interim custody. 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)…………..” 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. 5 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: 02.03.2026 S D P 6 232 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No: 27675 OF 2017 Date: 02.03.2026 S D P