Anguru Sunil, Vs The State of Andhra Pradesh

¶1

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

¶2

(Special Original Jurisdiction)

¶3

MONDAY, THE THIRD DAY OF MARCH

¶4

TWO THOUSAND AND TWENTY FIVE

¶5

PRESENT

¶6

C
3
'ii r
-t

¶7

THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA

¶8

WRIT PETITION NO: 5247 OF 2025

¶9

Between:

¶10

Anguru Sunil, S/o. Chalapathi Rao, aged about 27 years, R/o.4-46, Rajagopalapuram, Palasa Mandal, Srikakulam District.

¶11

Seepana Eswara rao, S/o. Krishna rao aged about 39 years, R/o. 2-2-178, Kalasa Street, Soodi Konda, Palasa, Srikakulam District.

¶12

Barla Papa Rao, S/o. Krishnamma, aged about 48 years, R/o. 1-1-359, Kondi Veedi, Mogilipadu, Palasa Mandal, Srikakulam^District.

¶13

Barla Aruna, W/o. Papa Rao, aged about 41 years, R/o. 1-1-359, Kondi Veedi, Mogilipadu, Palasa Mandal, Srikakulam District.

¶14

Tirunagari Vani, W/o Ganesh, aged about 41 years, R/o. 4-3-111, neelapuram colony, Palasa Mandal, kasibugga, Srikakulam^District.

¶15

...PETITIONER(S)

¶16

AND

¶17

The State of Andhra Pradesh, Rep.by its principal Secretary (Mines department) AP Secretariat, Velagapudi, Amaravathi,^{GunturDistrict.}

¶18

The District Mines and Geology Officer, Mines and Geology Departments Srikakulam District.

¶19

The Divisional Mines and Geology Officer, Srikakulam^District

¶20

The Tahsildar, Jalumuru mandal, Srikakulam District.

¶21

The sub-inspector of police (SHO), Jalumuru police^{station,Srikakulam} District.

¶22

...RESPONDENTS

¶23

Petition under Article 226 of the Constitution of India praying that .--^Tifi'the circumstances stated in the affidavit filed therewith, the High Court may , ^lDe pleased to issue an appropriate writ, order or direction more particularly ^ qhe ;in the nature of writ of mandamus declaring the action of the respondents in seizing tipper lorry vehicles bearing no.AP39WC1920, AP39UY9279, AP39WB 0917, AP39WB0921 and AP39UX4293 in connection to crime No.28/2025, Dt.25.02.2025 in Jalamuru police station as illegal, arbitrary and in violation of G.O.Ms.No.43, Industries and Commerce (Mines-111), Department, dated 08.07.2024 and in-violation of Art.14 and 21 of the constitution of India and consequently direct the respondents^toreleasethe above said tipper lorries Bearing no.AP39WC1920, AP39UY9279, AP39WB0917, AP39WB0921 and AP39UX4293 in favour of the petitioners forthwith.

¶24

lA NO: 1 OF 2025

¶25

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 respondents to release the seized Tipper lorry vehicles bearing no. AP39WC1920, AP39UY9279, AP39WB 0917, AP39WB0921 and AP39UX4293 pending disposal of the above writ petition.

¶26

Counsel for the Petitloner(s):SRI KANAKALA DEVI PRASANNAKUMAR Counsel for the Respondents No.1 to 3: GP FOR MINES^ANDGEOLOGY Counsel for the Respondent No.4: GP FOR REVENUE Counsel for the Respondent No.5: GP FOR HOME

¶27

The Court made the following: ORDER

¶28

APHC010103342025

¶29

[3458]

¶30

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶31

(Special Original Jurisdiction)

¶32

MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

¶33

PRESENT

¶34

THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

¶35

WRIT PETITION NO: 5247/2025

¶36

Between:

¶37

Anguru Sunil, and Others

¶38

...PETITIONER(S)

¶39

AND

¶40

The State Of Andhra Pradesh and Others

¶41

...RESPONDENT(S)

¶42

Counsel for the Petitioner(S):

¶43

1.KANAKALA DEVI PRASANNAKUMAR

¶44

Counsel for the Respondent(S):

¶45

1.GP FOR HOME

¶46

2.GP FOR MINES AND GEOLOGY

¶47

The Court made the following:

¶48

ORDER:

¶49

This Writ Petition is filed under Article 226 of the Constitution of India

¶50

seeking the following relief;

¶51

“ to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in seizing tipper lorry vehicles bearing^Nos.AP39WC 1920, AP 39 UY 9279, AP 39 WB 0917, AP 39 WB 0921 and^AP39 UX 4293 in connection to crime No. 28 of 2025, dated: 25.02.2025, in

¶52

Jalamuru Police Station as illegal, arbitrary and in violation of G.O.Ms.No.43, Industries and Commerce Mines-lll Department,^dated 08.07.2024 and in violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release the above said tipper lorries Bearing Nos. AP 39 WC 1920, AP 39 UY 9279, AP 39 WB 0917, AP 39 WB 0921 and AP 39 UX 4293 in favour of the petitioners forthwith and pass such other orders....”

¶53

Heard both the learned counsels.

¶54

Learned counsel for the petitioners submits that the petitioners have been using the subject vehicles for transportation of sand, earth and road metal etc., and eking out their livelihood. On 25.02.2025, the Sub-Inspector of Police highhandedly without issuing any notice or without ascertaining any reasons, seized the subject vehicles of the petitioners and kept their vehicles illegally in the Police Station. He further submits that if the vehicles are retained for a long time in the Police Station, they will be damaged. In support of his contention learned counsel for the petitioners 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 this Writ Petition. He further relies on G.O.Ms.No.43, dated 08.07.2024.

¶55

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 under clause 6(lll)(Q)(i), reads as follows:

¶56

Q. Offences and Penalties:

¶57

i. In case of the vehicles engaged in illegal/ un-authorized excavation in the prohibited areas (i.e., within 500 meters from the

¶58

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;

¶59

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/-

¶60

Thus he argues that the authorities cannot seize the^{vehicleforanyalleged} violations, they could, at the best levy only penalties.

¶61

Considering the submissions of both the learned^counseland upon perusing the material on record, this Writ Petition^{isalsodisposedofdirecting} the respondent authorities to pass orders in terms^{ofclause6(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 levy^{ofpenalty,andonpayment} of such penalty, the seized vehicle^shall be released^{bythe5*respondenton} production of the receipt and ownership documents of^{thevehicleito} the satisfaction of Station House Officer, Jalumuru Police^{Station,Srikakulam} District.

¶62

With the above observation, the Writ Petition is^{disposedof.Thereshall} be no order as to costs.

¶63

\ V

¶64

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

closed.

\

//TRUE COPY//

Sd/. K TATA RAO DEPUTYiRE^TJAR se6tiSj officer

¶69

To,

¶70

The Principal Secretary, State of Andhra Pradesh, (Mines department) AP Secretariat, Velagapudi, Amaravathi, Guntur District.

¶71

The District Mines and Geology Officer, Mines and Geology Departments, Srikakulam District.

¶72

The Divisional Mines and Geology Officer, Srikakulam^District 4. The Tahsildar, Jalumuru mandal, Srikakulam District. 5. The sub-inspector of police (SHO), Jalumuru police station, Srikakulam District.

¶73