Mukkamula Yadaiah Vs The State of Andhra Pradesh

THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUTUR DISTRICT-522237.

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THE TAHSILDAR, JAGGAIAHPETA MANDAL, NTR DISTRICT.

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THE STATION HOUSE OFFICER, CHILLAKALLU POLICE STATION, NTR DISTRICT.

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...RESPONDENT(S):

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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 appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in seizing the Lorry bearing No.TG05T1529 of the Petitioner in connection with FIR No.277 of 2025 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

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19(1)(g) of the Constitution of India and consequently direct the respondents to release the above said vehicle of the Petitioner forthwith in the interest of justice

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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 to direct the respondents to release the Lorry bearing NO.TG05T1529 of the Petitioner pending disposal of the above writ petition in the interest of justice

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Counsel for the Petitioner:

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1.B JAYA PRABHAKARA RAO

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Counsel for the Respondent(S):

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1.GP FOR HOME

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2.GP FOR REVENUE

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3.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 3^rd respondent in seizing the Lorry bearing No.TG05T1529 belonging to the petitioner, in connection with FIR No.277 of 2025, without following the procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966.

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Heard Sri B. Jaya Prabhakara Rao, learned counsel for the petitioners 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

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has been using the subject vehicle for commercial use on hire. On 02.11.2025, when the vehicle was at Railway Bridge under pass out skirts of Chillakallu Village, Jaggaiahpet Mandal, NTR District, the 3^rd respondent herein seized the vehicle alleging that the petitioner has been transporting sand without valid documents.

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Learned counsel for the petitioner submits that the 3^rd respondent has illegally seized the vehicle of the petitioners and registered FIR No.277 of 2025 under Section 303(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 27 of Andhra Pradesh Water, Land and Trees Act (APWALTA). Hence, he prays the Court to direct the respondents to release the vehicle. In support of his contentions, the learned counsel for the petitioner relies on a decision of this Court in W.P.No.17948 of 2025, and prays the Court to dispose of the Writ Petition in terms of the said order. He further relies on G.O.Ms.No.100 dated 26.06.2025.

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The relevant clauses of Clause 19(a) of the said G.O.Ms.No.100 Industries & Commerce (Mines-II) Department, dated 26.06.2025, read as follows:

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19. Offences and Penalties:

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(a). 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

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the State and found transporting sand without valid permit 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 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.17948 of 2025, dated 16.07.2025 directing the respondent authorities to pass appropriate orders in terms of clause 19(a), of G.O.Ms.No.100 Industries & Commerce (Mines-II) Department, dated 26.06.2025, for levying penalty, if any. After the levy of penalty, and on payment of such penalty, the seized vehicles shall be released by the 3^rd respondent on producing the receipt of such payment and ownership documents of the vehicles to the satisfaction of the 3^rd respondent. There shall be no order as to costs.

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As a sequel, miscellaneous applications pending, if any, shall also

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stand closed.

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______________________________ JUSTICE KIRANMAYEE MANDAVA

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Dated: 06.11.2025

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MSI