APHC010290082026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15240/2026 Between: 1. GORIKAPUDI SUJINI, W/O.GORIKAPUDI SURESH, AGED ABOUT 31 YEARS, OWNER OF TRACTOR H.NO.1, MAIN ROAD, AMUDARLANKA, NEAR M.P.U.P. SCHOOL NADAKUDURU, KRISHNA DISTRICT-521126. 2. GORIKAPUDI SURESH,, S/O.ANTARVEDI, AGED ABOUT 31 YEARS, OWNER OF TRAILER H.NO.1, MAIN ROAD, AMUDARLANKA, NEAR M.P.U.P. SCHOOL, NADAKUDURU, KRISHNA DISTRICT -521126. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUTUR DISTRICT-522237. 2. THE TAHSILDAR, CHALLAPALLI, KRISHNA DISTRICT. 3. THE STATION HOUSE OFFICER, CHALLAPALLI POLICE STATION, KRISHNA 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 appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in seizing the Tractor bearing No.AP39UX3042 of the 1 Petitioner and its Trailer bearing No.AP07DK3202 of the 2nd Petitioner, in connection with FIR No. 163 of 2026 without following the procedure known to the law under APMMC Rules, 1966 as illegal, irregular, arbitrary and contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the above said vehicles of the Petitioners forthwith in the interest of justice and pass 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 respondents to grant interim custody of the Tractor bearing No.AP39UX3042 of the 1st Petitioner and its Trailer bearing No.AP07DK3202 of the 2nd Petitioner pending disposal of the above writ petition in the interest of justice and pass Counsel for the Petitioner(S): 1. B JAYA PRABHAKARA RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP FOR MINES AND GEOLOGY The Court made the following order: Heard Sri B.Jaya Prabhakara Rao, learned counsel for the petitioners, learned Assistant Government Pleader for Mines and Geology for the respondents 1 and 2, and learned Assistant Government Pleader for Home for the 3rd respondent. 2. The above writ petition was filed to declare the action of the 3rd respondent in seizing the vehicle belonging to the petitioners, tractor bearing No.AP39UX3042 and trailer bearing No.AP07DK3202, in connection with the FIR.No.163 of 2026 of Challapalli Police Station, as illegal and arbitrary. Page 3 of 5 3. Learned counsel for the petitioners would submit that the petitioners are the owners of the aforementioned tractor and trailer and have been using them for transportation purposes. While so, the 3rd respondent seized the same on 07.05.2026 when the vehicle was at Amudarlanka Village, Challapalli Mandal, alleging that the sand was being transported without valid bills. 4. Learned counsel for the petitioners would further submit that the 3rd respondent illegally seized the tractor and trailer and registered FIR.No.163/2026 dated 07.05.2026 under Sections 126(2), 132 r/w 3(5) BNS. Learned counsel for the petitioners prayed directing the respondents to release the tractor and trailer. He also relied upon the order in W.P.No.17948 of 2025. 5. Learned Assistant Government Pleader for Mines and Geology and learned Assistant Government Pleader for Home did not refute the submission made by the learned counsel for the petitioners since the issue involved in the writ petition is squarely covered by the order in the aforementioned writ petition. 6. Rule 9B-(19) of G.O.Ms.No.100 Industries and Commerce (Mines-II), Department, dated 26.06.2025, reads as follows: “Rule 9-B xxx (19). Offences and Penalties: i. In case of the vehicles engaged in illegal/ un-authorized excavation in theprohibited 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 Sand Way bill /invoice 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/- A plain reading of Rule 9, the authority could not have seized the vehicles for the alleged violations and, at best, levy penalties. 7. The Hon’ble Supreme Court, in Sunderbhai Ambalal Desai vs. State of Gurajat,1observed that merely keeping vehicles would not serve any fruitful purpose. 8. Given the facts and circumstances of the case, the writ petition is disposed of at the stage of admission with the consent of all the learned counsel, with the following directions: i) The respondent authorities are directed to pass appropriate orders in terms of Rule 9B-(19) of G.O.Ms.No.100 Industries and Commerce (Mines-II), Department, dated 26.06.2025, for levying penalty, if any; ii) After levy of penalty and on payment of such penalty, the petitioners shall produce the receipt of such payment and ownership documents of the vehicles to the satisfaction of the 3rd respondent; iii) In such an event, the 3rd respondent is hereby directed to release the seized tractor bearing No.AP39UX3042 and trailer bearing No.AP07DK3202; iv) There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 04.06.2026 SNI 12002 (10) SCC 283 21 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15240 of 2026 Date: 04.06.2026 SNI