APHC011030022017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] SATURDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 44562/2017 Between: 1. M/S. GAYATHRI STONES, REP. BY ITS PROP. V. SIVA RAMA PRASAD S/O JAGAN MOHAN RAO AGED 46 YEARS, R/O AMEENABAD POST PERINGIPURAM MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY INDUSTRIES AND COMMERCE SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE INSPECTOR OF POLICE, VINUKONDA POLICE STATION GUNTUR DISTRICT. 3. THE REGIONAL TRANSPORT OFFICER, NARSARAOPETA, GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. P VIJAYA LAKSHMI(881) Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR MINES AND GEOLOGY (AP) 3. GP FOR TRANSPORT (AP) 2 The Court made the following ORDER: This Writ Petition under Article 226 of the Constitution of India is filed for the following relief: “….to issue a Writ, Order or Direction one in the nature of Writ of Mandamus declare the action of the 2nd respondent in detaining the vehicle along with finished granite slabs vehicle bearing No.AP 27 TZ 1159 carrying finished material of titles and slabs of 3209 sq ft for delivery to Narayana Traders main road Kudal Sindurdurgh State of Maharashtra and demanding the penalty on the finished product for release of vehicle along with material without issuing any notice as arbitrary illegal unjust unconstitutional without jurisdiction and in violation of principles of natural justice and contrary to the Mines and Minerals Development and Regulation Act 1957 and APMMC Rules 1966 and Circulars and consequently direct the 2nd respondent to release the said vehicle along with the material and to pass...” 2. Heard Ms. P. Vijaya Lakshmi, learned counsel for the petitioner 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 04.01.2018 directing the respondents to release the seized vehicle of the petitioner subject to the petitioner satisfying the necessary requirements with regard to production of vehicular and other documents and furnishing security to the satisfaction of respondent No.2. 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 dated 26.06.2025 issued by the Government of Andhra Pradesh. However, she fairly submits that based on the interim directions 3 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 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 Dated: 07.03.2026 KNN 5 117 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO:44562/2017 Dated:07.03.2026 KNN