APHC010394542026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE 7th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21200 OF 2026 Between: 1. Marke Ramesh,, S/o Marke Kambagiri Ramudu, Aged about 31 years, Occupation Driver/Transport Business, R/o. H.No.1-199, Belum Singavaram Village, Kolimigundia Mandal, Nandyal District, Andhra Pradesh. 2. Marke Kambagiri Ramudu,, S/o. Marke Pedda Jakkuleru Aged about 56 years. Occupation Driver/Transport Business, R/o. H.No.1-199, Belum Singavaram Village, Kolimigundia Mandal, Nandyal District, Andhra Pradesh. ...Petitioners AND 1. The State of Andhra Pradesh, represented by its Principal Secretary, Industries AND Commerce (Mines) Department, Secretariat, Velagapudi, Amaravati-522237. 2. The Director of Mines AND Geology, Government of Andhra Pradesh, Vijayawada-521456. 3. The District Mines and Geology Officer, Nandyal District-518501 . 4. The Assistant Geologist, , Office of the District Mines and Geology Officer, Nandyal District-518501. 2 5. The Station House Officer, Kolimigundia Police Station Nandyal District- 518123. ...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 tomay be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in seizing and continuing to detain the petitioners Tipper bearing Registration No. AP 02 TC 7049, Excavator (SANY SY210C) bearing Part No. SANYSY210C/9SPARC AC and Tipper bearing Registration No. AP 31 TH 3074 without following the procedure prescribed under the Mines and Minerals (Development and Regulation) Act, 1957 and the Rules framed thereunder, without issuing any seizure proceedings. seizure report, panchanama or notice, without communicating the reasons for seizure and without initiating proceedings in accordance with law, as illegal, arbitrary, unreasonable and violative of Articles 14, 19(1)(g) and 300-A of the Constitution of India, and consequently direct the respondents to forthwith release the aforesaid vehicles to the petitioners, and pass such 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 may be pleased to direct the respondents to release the petitioners Tipper bearing Registration No. AP 02 TC 7049, Excavator (SANY SY210C) bearing Part No. SANYSY210C/9SPARC AC and Tipper bearing Registration No. AP 31 TH 3074 on interim custody pending disposal of the writ petition, subject to such terms and conditions as this Honble Court may deem fit and proper. Counsel for the Petitioners: ABDUL MATHEEN S 3 Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:GP FOR MINES AND GEOLOGY The Court made the following order: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21200 OF 2026 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in seizing and continuing to detain the petitioners’ Tipper bearing Registration No.AP 02 TC 7049, Excavator (SANY SY210C) bearing Part No. SANYSY210C/9SPARC AC and Tipper bearing Registration No. AP 31 TH 3074 without following the procedure prescribed under the Mines and Minerals (Development and Regulation) Act, 1957 and the Rules framed thereunder, without issuing any seizure proceedings, seizure report, panchanama or notice, without communicating the reasons for seizure and without initiating proceedings in accordance with law, as illegal, arbitrary, unreasonable and violative of Articles 14, 19(1)(g) and 300-A of the Constitution of India, and consequently direct the respondents to forthwith release the aforesaid vehicles to the petitioners and pass such other order or orders….” 2. Heard learned counsel for the petitioners, learned Assistant Government Pleader for Home and learned Government Pleader for Mines and Geology appearing for the respondents. With the consent of both the learned counsel, the writ petition is disposed of at the stage of admission 3. Learned counsel for the petitioners submits that the respondent authorities intercepted the vehicles belonging to the petitioners and seized the said vehicles on 03.07.2026 on the ground that the petitioners are illegally quarrying the black lime stone slabs. The petitioners have produced the 5 necessary documents. He further submits that the authorities had no authority to seize the vehicles and prays for release of the vehicles. 4. Learned counsel for the petitioners relies on a decision of the Division Bench of this Court in the case of NAGANATH Vs. STATE OF ANDHRA PRADESH1, wherein it was observed as follows: “Having regard to the usage of the word, „driver‟ or „person-in- charge of the vehicle‟, the Government Pleader tried to contend that even for release of the vehicle, the 12021 (2) ALD 535 4 owner or the person claiming release of the vehicle has to pay penalty equal to the market value of the mineral along with seigniorage fee prevalent at that time. On a reading of the above Rule, there is nothing to indicate, the vehicle cannot be released, unless the penalty and seigniorage fee is paid. All that the rule states is that the penalty equal to market value of the mineral seized along with seigniorage fee prevalent at that time can be ordered to be paid at the time of interception of the vehicle, if driver or person-in-charge of the vehicle fails to produce a valid permit. But, nowhere the Rule postulates that the vehicle cannot be released, unless the same is paid.” 5. It is stated that relying on the above decision of the Division Bench, several writ petitions were disposed of earlier. One such decision is placed before this Court in W.P.No.31038 of 2025, dated 10.11.2025, which was disposed of basing on the earlier decision of this Court in W.P.10954 of 2021, dated 06.07.2021. 1 2021(2) ALD 535 6 6. Considering the submissions made and on perusal of the material placed before this Court and in view of the judgment relied by the learned counsel for the petitioners as referred supra, this Court is inclined to dispose of the Writ Petition, with the following directions: (i) The respondent authorities shall give interim custody of the vehicles i.e., i) Tipper bearing Registration No.AP 02 TC 7049, Chassis No. MB1HTDFD3GEBU8511 and Engine No.GEEZ405145 and (ii) Excavator (SANY SY210C) bearing Part No. SANYSY210C/9SPARC AC to the petitioner No.1; and i) Tipper bearing Registration No. AP 31 TH 3074 with Chassis No. MB1HTLFD9GRXP9452 and Engine No.GXEZ416770 to the petitioner No.2 upon furnishing a personal bond for Rs.2,00,000/- for each vehicle and producing proof in support of their ownership of the vehicles; (ii) The petitioners shall give an undertaking to produce the vehicles as and when required either by the authority concerned or Court or the Investigating Agency and also give an undertaking that they will not alienate, encumber or alter the physical features of the vehicles. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 7 As a sequel, miscellaneous applications pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Date:07.08.2026 BSP/TPS 8 33 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21200 OF 2026 Date:07.08.2026 BSP/TPS