Done Vijay Kumar Vs the State of Ap

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, Challapalli, Krishna District.

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The Station House Officer, Challapalli Police Station, Krishna^District.

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...RESPONDENTS

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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 appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3'"' Respondent in seizing the Tractor bearing AP39UB4054 and its Trailer of Petitioner in connection with FIR No.85 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 19(1)(g) of the Constitution of India and consequently direct the respondents to release the above said vehicles of the Petitioned forthwith in the interest of justice.

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lA 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 fleased to direct the respondents to release the Tractor bearing AP39UB4054 and its Trailer of the Petitioner pending disposal of the above writ petition in the interest of justice.

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Counsel for the Petitioner: SRI B. JAVA PRABHAKARA RAO Counsel for the Respondent No.1: GP FOR MINES AND GEOLOGY Counsel for the Respondent No.2: GP FOR REVENUE

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Counsel for the Respondent No.3: GP FOR HOME

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The Court made the following: ORDER

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APHC010102222025

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[3458]

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI (Special Original Jurisdiction)

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MONDAY, THE THIRD DAY OF MARCH 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: 5213/2025

Between;

Done Vijay Kumar

...PETITIONER

AND

...RESPONDENT(S) The State Of Ap and Others

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Counsel for the Petitioner:

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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.GPFOR 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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This Writ Petition is filed under Article 226 of the^{ConstitutionofIndia,}

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seeking the following relief;

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“ to issue appropriate order or direction more particularly^oneinthe nature of Writ of Mandamus declaring the action of^{the3"^Respondent} in seizing the Tractor bearing Andhra Pradesh 39 UB^{4054andTrailer} of Petitioner In connection with F.I.R.Mq.85 of 2025,^{withoutfollowing}

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the procedure known to the law under A.P.M.M.C. 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 191g of the Constitution of India and consequently direct the respondents to release the above said vehicles of the Petitioner forthwith in the interest ofjustice and pass such other orders....’’

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2. Heard both the learned counsels

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Learned counsel for the petitioner contends that the petitioner has been using the subject vehicle for his agriculture purposes. When the vehicle was stationed at River Ramp, Amudarlanka Village, Challapalii Mandal, the 3'^^ respondent herein has 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^^ respondent has illegally seized the vehicle of the petitioner and kept the same at the Police Station. Hence, he prays the Court to direct the respondents to release the vehicle. In support his contention, the learned counsel for the petitioner relies on a decision of this Court in W.P.No.25191 of 2024 and terms of the said order requests the Court to dispose of the Writ Petition. He further relies on G.O.Ms.No.43 dated 8-07-2024.

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The relevant clauses of Clause 6 (Q) (iii) 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:

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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^SandWaybill /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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that the authorities cannot seize the vehicle for any^alleged Thus he argues violations, they could, at the best levy only penalties.

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Considering the submissions of both the learned counsel^andupon perusing the material on record, the Writ Petition^{isdisposedofdirectingthe} terms of clause 6(lll)(Q)(i), of respondent authorities to pass orders in G.O.Ms.No.43, Industries and Commerce (Mines-lll), Department, dated 08.07.2024, for levying penalty if any. After levy^{ofpenalty,andonpaymentof} such penalty, the seized vehicle shall be released^bythe S'"* respondent on production of the receipt of such payment and ownership^{documentsofthe} vehicle to the satisfaction of the Station House Officer, Challapalli Police Station, Krishna District.

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With the above observation, the Writ Petition is disposed of. There shall

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be no order as to costs.

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

closed.

Sd/- K TATA RAO

//TRUE COPY//

SE un^rcer

To,

The Principal Secretary, Mines and Geology Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Gutur District-522237.

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The Tahsildar, Challapalli, Krishna District.

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The Station House Officer, Challapalli Police Station, Krishna District. 4. One CC to Sri B Jaya Prabhakara Rao, Advocate [OPUC] 5. Two CCS to GP for Mines and Geology, High Court of Andhra Pradesh. [OUT]

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