APHC010665792017 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: 689/2017 Between: 1. SHAIK ADAM SHAREEF,, S/O PACHA SAHEB, AGE 40 YEARS, # 5- 62/63, SRAVYA RESIDENCY, 305, VENKATESWARANAGAR, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, INDUSTRIES & COMMERCE DEPARTMENT, SECRETARIAT, VELGAPUDI VILLAGE, AMARAVATI MANDAL, GUNTUR DISTRICT 2. THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, PALAMENURU, CHITTOOR DISTRICT 3. THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH 4. THE SUBINSPECTOR OF POLICE, (SHO), PILER POLICE STATION, CHITTOOR DISTRICT, A.P. ...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 toto issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents more particularly 2 to 4 in seizing the Vehicle Lorry bearing No. AP 27 TT 4499 of the petitioner on 13-12-2016 and not releasing the same inspite of production of required documents as desired by the respondents as highly arbitrary, illegal, unjust, in violation of principles of natural justice and un constitutional and consequently direct the respondents to forthwith release the lorry of the petitioner IA NO: 1 OF 2017(WPMP 764 OF 2017 2 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 4th respondent to forthwith release the vehicle Lorry bearing No AP 27 TT 4499 of the petitioner, pending disposal of the writ petition Counsel for the Petitioner: 1. N SHOBA Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR MINES AND GEOLOGY (AP) The Court made the following ORDER: This Writ Petition under Article 226 of the Constitution of India is filed for the following relief: “……..declaring the action of the respondents more particularly 2 to 4 in seizing the Vehicle Lorry bearing No. AP 27 TT 4499 of the petitioner on 13-12-2016 and not releasing the same inspite of production of required documents as desired by the respondents as highly arbitrary, illegal, unjust, in violation of principles of natural justice and un constitutional and consequently direct the respondents to forthwith release the lorry of the petitioner…….” 2. Heard learned counsel for the petitioner and 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 25.01.2017 directing the respondents to release the seized vehicle of the petitioners subject to the condition of furnishing personal bond of Rs.1,00,000/- and with an undertaking that the petitioners shall produce the seized vehicle as and when required by the respondents. 4. Learned Assistant Government Pleader for Mines & Geology appearing for the respondents brought to the notice of this Court about the new rules 3 made under G.O.Ms.No.100 Industries & Commerce (Mines-II) Department dated 26.06.2025 issued by the Government of Andhra Pradesh. However, she fairly submits that based on the interim directions of this Court, the seized vehicle 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)…………..” 4 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: 02.03.2026 GVK 5 160 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No: 689 of 2017 Date: 02.03.2026 GVK