1 APHC010980132018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 47875 OF 2018 Between: 1. Tenka Appanna, S/o Surappadu, aged 33 years, Owner of Vehicle Bearing No. AP-31-TT-2925, R/o D.No. 1-90, Yarabadu I Colony, V.N. Puram, Narasannapeta Urban, Srikakulam District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by Principal Secretary, Mines and Geology Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Assistant Director of Mines and Geology, Srikakulam, Srikakulam District. 3. The Station House Office, Narasannapeta Police Station, Srikulam District. ...Respondents 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 a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in seized the vehicle of the petitioner (Tenka Appanna) Vehicle Bearing No.AP-31-TT-2925 (Lorry), belonging to the petitioner without following any procedure know to law, as arbitrary, illegal and volatile of Article 19, 2 21 of the Constitution of India and consequently direct the respondents to release the above vehicle from the custody of the respondents forthwith and be pleased to pass IA NO: 1 OF 2018 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 vehicle of the petitioner (Tenka Appanna) Vehicle Bearing No. AP-31-TT- 2925 (Lorry), belonging to the petitioner, pending disposal of the main writ petition and be pleased to pass Counsel for the Petitioner: SRAVAN KUMAR NAIDANA Counsel for the Respondents: GP FOR HOME (AP) Counsel for the Respondents:GP FOR MINES AND GEOLOGY (AP) The Court made the following order: 3 HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.47875 OF 2018 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 more particularly one in the nature of writ of Mandamus declaring the action of the respondents in seized the vehicle of the petitioner (Tenka Appanna) Vehicle Bearing No.AP-31- TT-2925 (Lorry), belonging to the petitioner without following any procedure know to law, as arbitrary, illegal and volatile of Article 19, 21 of the Constitution of India and consequently direct the respondents to release the above vehicle from the custody of the respondents forthwith and be pleased to pass…….” 2. Heard Sri Sravan Kumar Naidana, 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 04.01.2019 directing the respondents to release the seized vehicle of the petitioner subject to the condition of furnishing third party security to the satisfaction of the competent authority and with an undertaking that the seized vehicle shall not be alienated pending disposal of the writ petition. 4 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.100Industries & Commerce (Mines-II) Department dated 26.06.2025 issued by the Government of Andhra Pradesh. However, she fairly submits that basing on the interim directions of this Court, the seized vehicle has 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/- 5 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. 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 pending if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Date:02.03.2026 Rns 6 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.47875 of 2018 Date:02.03.2026 Rns