APHC010883072017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] THURSDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 34381/2017 Between: 1. SHAIK HIMAITHULLAH,, S/O SHAIK HUSSAIN SHAHEB, AGED ABOUT 28 YEARS, R/O OZILI VILLAGE & MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS , PRINCIPAL SECRETARY, HOME DEPARTMENT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2. THE STATION HOUSE OFFICER, VENKATACHALAM POLICE STATION SPSR NELLORE DISTRICT 3. THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY REGULAR, MINI BYE-PASS ROAD B.B.NAGAR CENTER, NEAR SBI UPSTAIRS, C.KALYAN COMPLEX, NELLORE ...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 Under Article 226 of the Constitution of India declaring the action of respondents in seizing the Tractor & Trailer vehicle bearing No. AP 26 TD 6812 & AP 26 TD 6813 of the petitioner 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 MRK, J W.P.No.34381 of 2017, dated 05.03.2026 IA NO: 1 OF 2017(WPMP 42746 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 vehicle Tractor & Trailer vehicle bearing No. AP 26 TD 6812 & AP 26 TD 6813 to the petitioner pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. V ROOPESH KUMAR REDDY Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. The Court made the following: 3 MRK, J W.P.No.34381 of 2017, dated 05.03.2026 ORDER: The present Writ Petition, filed under Article 226 of the Constitution of India, seeks the following relief: “…to issue an order, writ, or direction, more particularly in the nature of a Writ of Mandamus under Article 226 of the Constitution of India, declaring the action of the respondents in seizing the petitioner’s Tractor and Trailer bearing Nos. AP 26 TD 6812 and AP 26 TD 6813, without following the procedure prescribed under the relevant statutes, as illegal, arbitrary, and violative of Articles 19 and 21 of the Constitution of India, and consequently to direct the respondents to release the said vehicles from their custody.” 2. Heard Sri T. Manoj Kumar, learned counsel representing Sri V. Roopesh Kumar Reddy, learned counsel for the petitioner, and the learned Assistant Government Pleader for Mines and Geology appearing for the respondents. 3. The learned Assistant Government Pleader for Mines and 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. 4. At this juncture, it is apt to note the 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:- 4 MRK, J W.P.No.34381 of 2017, dated 05.03.2026 “(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)…………… 5 MRK, J W.P.No.34381 of 2017, dated 05.03.2026 g)…………..” 5. Whereas Rules 20 and 21 of G.O.Ms.No.100, Industries & Commerce (Mines-II) Department, dated 26.06.2025, issued by the Government of Andhra Pradesh, relate to appeals and the powers to issue orders, clarifications, and guidelines. 6. 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 and 21 of G.O.Ms.No.100, Industries & Commerce (Mines-II) Department, dated 26.06.2025, issued by the Government of Andhra Pradesh. 7. With the above observations, the present Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. ___________________________________ JUSTICE MAHESWARA RAO KUNCHEAM 5th March, 2026 cbn 6 MRK, J W.P.No.34381 of 2017, dated 05.03.2026 239 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.34381 of 2017 5th March, 2026 cbn