APHC010834292017 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: 38552/2017 Between: 1. VANGALPUDI KRISHNAM RAJU, VISAKHAPATNAM DIST & ANR, W/O. RARNULU, AGED ABOUT 29 YEARS, OCC. BUSINESS. D.NO. 26-170/3, MALLAYYAPAIEM, MADHURAWADA, VISAKHAPATNAM, ANDHRA PRADESH. 2. PAIDI CHINNA RAO, S/O. APPALA RAMU, AGED ABOUT 57 YEARS. OCC. AGRICULTURE. D.NO.1-16, THAMINAIDUPETA, ETCHERLA MANDAL. SRIKAKULAM DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. PRL SECY MINES GEOLOGY DEPT GUNTUR DIST 3 OTHERS, REP. BY ITS PRINCIPAL SECRETARY, MINES & GEOLOGY DEPARTMENT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2. THE REGIONAL VIGILANCE AND ENFORCEMENT OFFICER, SRIKAKULAM, SRIKAKULAM DISTRICT. 3. THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, SRIKAKULAM, SRIKAKULAM DISTRICT. 4. THE STATION HOUSE OFFICER, ETCHERLA POLICE STATION, 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 toto issue an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the action of respondents in seizing the Vehicles lorry bearing No. AP 31 TH 1539 and Tractor No. AP 37AR 9318 & Trailer No. AP 30Y 1545 of the petitioners and issuing the Notice bearing No. 2 111/Q/Sand/2016, dated 09-11-2017 by 3rd respondent without following any procedure under statutes as illegal, arbitrary and violative of the procedure contemplated under the A.P. Minor Mineral Concession Rules, 1966 & provisions of the Mines and Minerals (Development & Regulation) Act, 1957., and the rules made there under apart from being violation of Article 14, 19(1)(g) and 300-A of Constitution of India in view of the facts and circumstances setout hereunder and consequently direct the respondents to release the vehicle from their custody IA NO: 1 OF 2017(WPMP 47858 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 3rd respondent to grant interim custody of vehicles lorry bearing No. AP 31TH 1539 and Tractor No. AP 37AR 9318 & Trailer No. AP 30Y 1545to the petitioners pending disposal of the Writ Petition 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: 38552 OF 2017 ORDER: This Writ Petition under Article 226 of the Constitution of India is filed for the following relief: “……..issue an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the action of respondents in seizing the Vehicles lorry bearing No. AP 31 TH 1539 and Tractor No. AP 37AR 9318 & Trailer No. AP 30Y 1545 of the petitioners and issuing the Notice bearing No. 111/Q/Sand/2016, dated 09-11-2017 by 3rd respondent without following any procedure under statutes as illegal, arbitrary and violative of the procedure contemplated under the A.P. Minor Mineral Concession Rules, 1966 & provisions of the Mines and Minerals (Development & Regulation) Act, 1957., and the rules made there under apart from being violation of Article 14, 19(1)(g) and 300-A of Constitution of India in view of the facts and circumstances setout hereunder and consequently direct the respondents to release the vehicle from their custody….” 2. Heard Sri K.Navven 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 16.11.2017 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 anundertaking 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 4 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 vehicles had been handed over to the petitioners 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 6 238 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No: 38552 OF 2017 Date: 02.03.2026 S D P