Kati Subramanya Vs the State of Ap

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 order, writ or direction more particularly^{inthenatureof} Writ of Mandamus declaring the action of respondents in seizing the empty vehicles bearing No. AP-39-WC-8919 of the petitioner without following any procedure under statutes as illegal, arbitrary and violative of Articles 19 and 21 of Constitution of India and consequently direct the respondents to release the vehicle from their custody.

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lA NO: 1 OF 2n?fi

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 2"^^ and 3'^'^ respondents to grant interim custody of vehicles bearing No. AP-39-WC-8919 to the petitioner pending disposal of the Writ Petition.

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Counsel for the Petitioner: SMT. SINGARAJU MAHASWETHA VARMA Counsel for the Respondent Nos.1 & 2: GP FOR HOME

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Counsel for the Respondent No. 3: GP FOR MINES AND GEOLOGY The Court made the following: ORDER

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APHC010315782025

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[3458]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 16139/2025

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Between:

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1.KATI SUBRAMANYA, S/0. SIVAIAH, AGED ABOUT 41 YEARS. R/O.ATAKANITHIPPA VILLAGE, SULLURPETA MANUAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH.

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...PETITIONER

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AND

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1.THE STATE OF AP, REP. BY ITS, PRINCIPAL SECRETARY,^HOME DEPARTMENT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH.

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2.THE STATION HOUSE OFFICER, PUTTUR POLICE STATION, TIRUPATI DISTRICT. FORMALLY CHITTOOR DISTRICT.

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3.THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, TIRUPATI, TIRUPATI DISTRICT. FORMALLY CHITTOOR DISTRICT

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...RESPONDENT(S):

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Counsel for the Petitioner:

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1.SINGARAJU MAHASWETHA VARMA

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Counsel for the Respondent(S):

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1.GP FOR HOME

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2.GP FOR MINES AND GEOLOGY

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The Court made the following:

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ORDER:

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nd The writ petition is filed challenging the action of the 2 respondent in seizing the vehicle belonging to the petitioner, in connection with FIR No.85 of 2025, without following the procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966.

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Heard Smt. Singaraju Mahaswetha Varma, learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology appearing for the respondents. With the consent of both the parties, the writ petition is disposed of at the stage of admission.

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Learned counsel for the petitioner contends that the petitioner has been using the subject vehicle for transporting goods. On 06.06.2025, basing on complaint, the 2"^ respondent herein seized the vehicle alleging that the petitioner had been transporting sand without valid documents, 4. Learned counsel for the petitioner submits that the 2^^ respondent has illegally seized the vehicle of the petitioner and registered FIR No.85 of 2025 under Section 303(2) Bharatiya Nyaya Sanhita, 2023 and Sections 21(1), 21(4) of Mines and Minerals (Development and Regulation) Act, 1957. Hence, he prays the Court to direct the respondents to release the vehicle. In support of his contentions, the learned counsel for the petitioners relies on a decision of this Court in W.P,No.5213 of 2025,

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and prays the Court to dispose of the Writ Petition in terms of the said order. He further relies on G.O.Ms.No.43 dated 08.07.2024.

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The relevant clauses of Clause 6(lll)(Q)(i) of the said G.O.Ms.No.43 Industries and Commerce (Mines-lll), Department,^dated 08.07.2024, reads as follows:

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Q. Offences and Penalties: i. In case of the vehicles engaged in illegal/ un-authorized excavation in the prohibited areas (i.e., within 500^{metersfromthe} Ground water structures, Bridges, Dams, Railway lines and cross drainage structures etc.), transportation^{ofsandoutside} the State and found transporting sand without valid Sand Way bill /Invoice shall be penalized as follows;

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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/-

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Thus, he argues that the authorities cannot seize the vehicle for any

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alleged violations, they could, at the best levy only penalties.

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Considering the submissions of both the learned counsel and upon perusing the material on record, the Writ Petition is disposed of in terms of the order passed in W.P.No.5213 of 2025, dated 03.03.2025 directing the respondent authorities to pass appropriate orders in terms of clause

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6(lll)(Q)(i), of G.O.Ms.No.43 Industries and Commerce (Mines-lll) Department, dated 08.07.2024, for levying penalty, if any. After the levy of penalty, and on payment of such penalty, the seized vehicles shall be released by the 2^^ respondent on producing the receipt of such payment and ownership documents of the vehicles to the satisfaction^ofthe2 nd respondent. There shall be no order as to costs.

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As a sequel, miscellaneous applications pending, if any, shall also stand closed.

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To,

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//TRUE COPY//

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Sd/- M SURYANADH REDDY DEPUTY REGISTRAR /’^SECTION OFFICER

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The Principal Secretary, Home Department, State of Andhra Pradesh Velagapudi, Amaravathi, Andhra Pradesh Sforstrirt

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Geology, Tirupati, Tirupati District. Formally Chittoor District.

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One CC to Smt. Singaraju Mahaswetha Varma, Advocate [OPUCl ^ pirn Pradesh at Amaravati 6. Two CCs to GP for Mines & Geology, High Court of Andhra Pradesh at Amaravati [OUT]

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