APHC010446532026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 25th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24243 OF 2026 Between: 1. U KANAKARATNAM, W/o.Yedukondalu, Aged about 52 years, owner of Tractor R/o.3-5, Mallayyapalem, P.Gannavaram, Dr. B.R.Ambedkar Konaseema District -533240. 2. U. Yedukondalu,, S/o.Satyanarayana, Aged about 54 years, owner of Trailer R/o.3-5, Mallayyapalem, P.Gannavaram, Dr. B.R.Ambedkar Konaseema District -533240. 3. U. Satish Chandra,, S/o.Krishna Murthi, Aged about years, owner of Trailer R/o.2-144, Mallayyapalem, P.Gannavaram, Dr. B.R.Ambedkar Konaseema District -533240. ...Petitioners AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Mines and Geology Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District-522237. 2. The Tahsildar, P.Gannavaram, Dr.BR. Ambedkar Konaseema District. 3. The Station House Officer, P.Gannavaram Police Station, Dr.BR. Ambedkar Konaseema District. ...Respondents 2 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 an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in seizing the Tractor bearing No.AP07TD3324 of the 1st Petitioner and its Trailer bearing No.AP39V7821 of the 2nd Petitioner and the Tractor bearing No.AP03TD0768 and its Trailer bearing No.AP39TF4656 of the 3rd Petitioner, in connection with FIR No.114 of 2026 without following the procedure known to the law under APMMC Rules, 1966 as illegal, irregular, arbitrary and contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the above said vehicles of the Petitioners forthwith in the interest of justice 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 direct the respondents to grant interim custody of the Tractor bearing No.AP07TD3324 of the 1st Petitioner and its Trailer bearing No.AP39V7821 of the 2nd Petitioner and the Tractor bearing No.AP03TD0768 and its Trailer bearing No.AP39TF4656 of the 3rd Petitioner pending disposal of the above writ petition in the interest of justice Counsel for the Petitioners: B JAYA PRABHAKARA RAO Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:GP FOR REVENUE Counsel for the Respondents:GP FOR MINES AND GEOLOGY The Court made the following order: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24243 OF 2026 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in seizing the Tractor bearing No.AP 07 TD 3324 of the 1st Petitioner and its Trailer bearing No.AP 39 V 7821 of the 2nd Petitioner and the Tractor bearing No.AP 03 TD 0768 and its Trailer bearing No.AP 39 TF 4656 of the 3rd Petitioner, in connection with FIR No.114 of 2026 without following the procedure known to the law under APMMC Rules, 1966 as illegal, irregular, arbitrary and contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the above said vehicles of the Petitioners forthwith in the interest of justice and pass such other order or orders….” 2. Heard learned counsel for the petitioners, learned Assistant Government Pleader for Mines and Geology for the respondent No.1, learned Government Pleader for Revenue for respondent No.2 and learned Government Pleader for Home for respondent No.3. 3. Learned counsel for the petitioners submits that the petitioner No.1 is the owner of the Tractor bearing No. AP 07 TD 3324, petitioner No.2 is the owner of the Trailer bearing No.AP 39 V 7821 and petitioner No.3 is the owner of the Tractor bearing No. AP 03 TD 0768 and its Trailer bearing No.AP 39 TF 4656 and they have been using the subject vehicles for agricultural and commercial purpose only. While so, on 21.08.2026, the respondent No.3 4 herein has seized the vehicles alleging that the petitioners have been transporting the sand without valid documents. 4. Learned counsel for the petitioners further submit that the respondent No.3 has illegally seized the vehicles of the petitioners and registered FIR No.114 of 2026 under Section 303(2) of Bharatiya Nyaya Sanhita, 2023 and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957. Hence, learned counsel for the petitioners prays that this Hon’ble Court may direct the respondents to release the vehicles forthwith. 5. In support of his contentions, the learned counsel for the petitioners relied on a decision of this Court in W.P.No.35886 of 2025 and prayed this Court to dispose of this Writ Petition in terms of the said order. He also relies on G.O.Ms.No.100, dated 26.06.2025. 6. The relevant clauses of Clause 19(a) of the said G.O.Ms.No.100 Industries and Commerce (Mines-II), Department, dated 26.06.2025, reads as follows: “ Q. Offences and Penalties: i. 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 Sand Way bill /invoice 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 Upto 50,000/- Rs.50,001/- to 5 10 tires 1,00,000/- Machinery Upto 50,000/- Rs.50,001/- to 1,00,000/- Thus, he argues that the authorities cannot seize the vehicles for any alleged violations, they could, at the best levy only penalties. 7. On the other hand, learned Assistant Government Pleader for Mines and Geology appearing for respondent No.1 did not refute the submission made by the learned counsel for the petitioners since the issue involved in this writ petition is squarely covered by an earlier decision of this Court. 8. The Hon’ble Supreme Court, in Sunderbhai Ambalal Desai Vs. State of Gujarat 1, observed that merely keeping vehicles would not serve any fruitful purpose. 9. Considering the submissions made by the learned counsel for all the parties and on perusal of the material placed on record, in view of the earlier orders passed by this Court and with the consent of learned counsel for both the parties, this Court is inclined to dispose of the Writ Petition, at the stage of admission, with the following directions: i. The respondent authorities are directed to pass appropriate orders in terms of clause 19(a) of G.O.Ms.No.100, Industries and Commerce (Mines-III), Department, dated 26.06.2025, for levying penalty if any; ii. After levy of penalty and on payment of such penalty, the petitioners shall produce the receipt of such payment and 1 2002 (10) SCC 283 6 ownership documents of the vehicles to the satisfaction of the 3rd respondent; iii. In such an event, the 3rd respondent is hereby directed to release the seized vehicles i.e., Tractor bearing No.AP 07 TD 3324 in favour of the 1st Petitioner and its Trailer bearing No.AP 39 V 7821 in favour of the 2nd Petitioner and Tractor bearing No.AP 03 TD 0768 and its Trailer bearing No.AP 39 TF 4656 in favour of the 3rd petitioner. 10. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Date:25.08.2026 NOTE:C.C. by TODAY (B/o) BSP/AG 7 24 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24243 OF 2026 Date:25.08.2026 NOTE: C.C. by TODAY (B/o) BSP/AG