Kanakala Sandeep Vs the State of Andhra Pradesh

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[3458]

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APHC010418992025

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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 THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 21482/2025

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Between:

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KANAKALA SANDEEP, S/O. K. RAMANA, AGED ABOUTJSYEARS, OCC. BUSINESS, D.NO.3-45, MAHARAJUPETA, RAJUPULOVA, BHOGAPURAM, VIZIANAGARAM DISTRICT.

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PATHIVADA APPLA NAIDU S/O. P. SANKARA RAO, AGED ABOUT 46 YEARS, OCC. BUSINESS, D.NO.2-99, MANGALA VEEDHI, CHINTALAPETA, GURLA, VIZIANAGARAM DISTRICT.

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BADDUKONDA RAMESH S/O. BANGARAIAH, AGED ABOUT 30 YEARS, OCC. BUSINESS, D.NO.2-45, MOPADA VILLAGE, DENKADA, VIZIANAGARAM.

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PUSAPATI VENKATA PADMAVATHI W/O. KUMANDAN RAJU, AGED ABOUT 41 YEARS, OCC. HOME MAKER, D.NO.2-92, RAJULA VEEDHI, THETTANGI, GURLA, VIZIANAGRAM DISTRICT.

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KANAKALA RAMANA, S/O. K. APPALA NAIDU, AGED ABOUT 53 YEARS, OCC.BUSINESS, D.NO.3-45, MAHARAJUPETA, RAJUPULOVA, BHOGAPURAM, VIZIANAGARAM DISTRICT.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Mines and Geology Department Velagapudi, Amaravathi, Andhra Pradesh.

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2

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The Station House Officer, Denkada Police Station, Vizianagaram District.

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The Divisional Mines And Geology Officer, Vizianagaram, Vizianagaram District.

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...RESPONDENT

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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 in the nature of Writ of Mandamus declaring the action of respondents in seizing the Vehicles bearing No. AP 31TE 6269, AP 31TD 2814, AP 31X 2263 4121 and AP 39SG 7388of the petitioners without following procedure under statutes as illegal, arbitrary and violative of Article 19 21 of Constitution of India and consequently direct the respondents release the vehicle from their custody and pass

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IA NO: 1 OF 2025

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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 Counsel for the Petitioner:

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1.K NAVEEN KUMAR

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Counsel for the Respondent:

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1.GP FOR MINES AND GEOLOGY

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The Court made the following:

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ORDER:

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The writ petition is filed challenging the action of the 2^nd respondent in seizing the Lorries bearing No. AP31 TE 6269 of the 1^st petitioner, AP31 TD 2814 of the 2^nd petitioner, AP31 X 2263 of the 3^rd petitioner, AP35 W 4121 of the 4^th petitioner and JCB bearing No.AP39 SG 7388 of the 5^th petitioner

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without following the relevant procedure established by law under APMMC Rules, 1966.

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Heard Sri K. Naveen Kumar, learned counsel for the petitioners and the learned Assistant 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.

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Learned counsel for the petitioners submits that the petitioners’ vehicles were seized without authority of law and in violation of the provisions of SubRule (3)(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966. He further relying on the decision of this court passed in W.P.No.19270 of 2025, dated 25.07.2025 and W.P.No.20992 of 2025, dated 07.08.2025 submits that, a direction may be given to the respondent authorities to pass appropriate orders for the release of the vehicles namely four Lorries and one JCB.

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Learned Assistant Government Pleader for Mines and Geology appearing for the respondents would not dispute the issue being covered by an earlier decision of this Court.

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Having regard to the above, the Writ Petition is disposed of with the following directions:

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(i) The 2^nd respondent is directed to pass orders in terms of SubRule (3)(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession

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Rules, 1966 and collect the due seigniorage fee and penalty as per law and release the vehicles/Lorries No. AP31 TE 6269, No. AP31 TD 2814, No.AP31 X 2263, No.AP35 W 4121 seized by the official respondents to the petitioners within a period of one week from the date of receipt of the copy of the order.

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(ii) The respondent authorities shall give interim custody of the Vehicle (JCB) bearing No.AP39 SG 7388 to the petitioner upon his furnishing a personal bond for Rs.2,00,000/- and producing proof in support of his ownership of the vehicle;

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(iii) The petitioner shall give an undertaking to produce the vehicle (JCB) as and when required either by the authority concerned or Court or the Investigating Agency and also give an undertaking that he will not alienate, encumber or alter the physical features of the vehicle.

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