APHC010241832026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] THURSDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 12821/2026 Between: 1. SRI. K.M. JYOTHILINGAM, S/O. MANIKYAM, AGED ABOUT 65 YEARS, R/O 404/ASPENA BLOCK,ADINATH SANTHINIKETHAN, SANTHINIKETHAN SALAI, RAMAKRISHNAN SALAI, MANNIVAKAM, KANCHIPURAM,TAMIL NADU - 600 048. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522 238 2. THE DIVISIONAL DIRECTOR OF MINES AND GEOLOGY OFFICER, PALAMANER, CHITTOOR DISTRICT, 517 408 3. THE DEPO MANAGER, APSRTC DEPO, KUPPAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 517 425 ...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 Under Article 226 of the Constitution of India declaring the action of Respondents in seizing the Vehicle/Machinery of the Bearing No. Kobalco Hydralic Exacavator Machine N0.YNI1250361 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 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 2nd respondent to grant interim custody of Vehicle Bearing No.Kobalco Hydralic Exacavator Machine No. YN1250361 to the Petitioners pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. G N UMA RANI 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: 12821 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 an order, writ or direction more particularly in the nature of Writ of Mandamus Under Article 226 of the Constitution of India declaring the action of Respondents in seizing the Vehicle/Machinery of the Bearing No. Kobalco Hydralic Exacavator Machine N0.YNI1250361 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 Smt. G.N.Uma Rani, learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology appearing for the respondents. With the consent of both the learned counsel, the writ petition is disposed of at the stage of admission. 3. It is argued by the learned counsel for the petitioner that the authorities intercepted the vehicle Kobalco Hydralic Exacavator Machine bearing No.YNI1250361 belonging to the petitioner while the said machinery was given for hire to one Sarvana for levelling of the agricultural lands at Shanthipuram Mandal, erstwhile Chittoor District in the month of March, 2022. After seizure of the vehicle, the said Sarvana absconded which leads to communication gap, coupled with the another facet that linguistic problems too. The petitioner had produced the necessary documents. The petitioner 4 contends that the authorities had no authority to seize a vehicle and prays for release of the vehicle. 4. Learned counsel for the petitioner relies on a decision of the Division Bench of this Court in the case of Naganath Vs. State of Andhra Pradesh1 , observed as follows: “Having regard to the usage of the word, „driver‟ or „person-in-charge of the vehicle‟, the Government Pleader tried to contend that even for release of the vehicle, the 1 2021 (2) ALD 535 4 owner or the person claiming release of the vehicle has to pay penalty equal to the market value of the mineral along with seigniorage fee prevalent at that time. On a reading of the above Rule, there is nothing to indicate, the vehicle cannot be released, unless the penalty and 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-in-charge 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. It is stated that relying on the above decision of the Division Bench, the writ petitions were disposed of earlier. One such decision is placed before me in W.P.No.10954 of 2021, dated 06.07.2021, placing reliance on the same, the writ petition is disposed of with the following directions: (i) The respondent authorities shall give interim custody of the vehicle Kobalco Hydralic Exacavator Machine bearing No.YNI1250361 to the petitioner upon furnishing a 1 2021 (2) ALD 535 5 personal bond for Rs.2,00,000/- and producing proof in support of his ownership of the vehicle; (ii) The petitioner shall give an undertaking to produce the subject vehicle as and when required either by the authority concerned or Court or the Investigating Agency and also give an undertaking that he will not alienate, encumber or alter the physical features of the vehicle. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 07.05.2026 RMR 6 16 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.12821 of 2026 Date: 07.05.2026 RMR