Sharif Shah Vs the State of Andhra Pradesh

Petition under Article 226 ,h^ ... , Constitution of India praying that in be plIa^d^^''^* ^^^'* High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the acts on the part of the respondents 2 and 3 in seizing the petitioners vehicle Goods Carrier, Ashok Leyland with Registration No. RJ 27 GC 5436, Engine No. HCPZ119317 with Chassis No. MB1NACHD9HPCY8921 Make / Model 3718 IL BSIV/ 3718 IL GVW42000 though the petitioner submitted all documents i.e, e Way Bill, Invoice and Road Permit without any reasonable cause is illegal and violative of principles of natural justice and

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consequently direct the respondents 2 3 to release the petitioners vehicle as referred by immediately in the interest of justice, i..'" -

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[ . lA NO: 1 OF

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. . - Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i in support of the petition, the High Court may be pleased to direct the respondents 2&3 to release the petitioners vehicle i.e. Goods Carrier, Ashok Leyland with Registration No. RJ 27 GC 5436, Engine No. HCPZ119317 with Chassis No. MB1NACHD9HPCY8921 Make / Model 3718 IL BSIV/ 3718 IL Gvw42000 pending disposal of the above WP in the interest of Justice.

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Counsel for the Petitioner: SRI T JANARDHAN RAO Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following order:

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APHC010135392025

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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[3458]

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(Special Original Jurisdiction)

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FRIDAY. THE TWENTY FIRST DAY OF MARCH

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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: 7162/2025

Between:

Sharif Shah

...PETITIONER

AND

The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.T JANARDHAN RAO

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Counsel for the Respondent(S):

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1.GP FOR MINES AND GEOLOGY

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The Court made the following order:

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The Writ Petition is disposed of, at the stage of admission, with the

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consent of both the learned counsels.

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The writ petition is filed challenging the action of the 2"^ and 3'"'^ respondents in seizing petitioner’s Vehicle Goods Carrier, Ashok Leyland bearing Registration No.RJ 27 GO 5436, (Engine No.HCPZ119317 with Chassis No.MB1NACHD9HPCY8921).

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Heard Sri T.Janardhan Rao, learned counsel for the petitioner and Ms. Sudeepthi learned Assistant Government Pleader for Mines and Geology appearing for the respondents.

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It is contended that the petitioner’s goods carriage vehicle, \A/hich has the relevant permits to operate as a goods carriage vehicle is engaged by one M/s. Vishnu Granites, Gingee, Villuppuram District, Tamilnadu to transport polished granite slabs to M/s. Shiva Granites, IDA, Guntakal, Andhra Pradesh. All necessary Tax invoice and e-way bills were issued by M/s. Vishnu Granites. However the respondent authorities seized the vehicle when it reached Gooty and kept the same at RTC bus stand. The petitioner prays for release of the vehicle. 5. Learned counsel for the petitioner argues that though^{thevehiclewas} carrying goods after obtaining necessary e-way bills and tax invoices, the respondents are not justified in seizing the vehicle. Learned Assistant Government Pleader appearing for respondents argues^{thatintermsofRule} 26 (3) (iii) A.P. Minor Mineral concession Rules, 1966, if driver or owner of the vehicle fails to produce a valid e-transit permit issued by the concerned Assistant Director of Mines and Geology, the officer in charge of the check post during interception of the vehicle may require the driver or the owner^of the vehicle to pay five times the normal Seigniorage fee along with applicable levies.

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The Division Bench of this Court in the case of Naganath^Vs.Stateof Andhra Pradesh^, observed that the rule only provides that penalty equal to market value of the mineral seized along with seignorage^{feecanbeordered}

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' 2021 (2) ALD 535

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to be paid at the time of interception and no where does the rule stipulates that the vehicle carrying on the mineral should not^bereleased.

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Placing reliance on the above decision of the Division^Bench of this Court and taking into consideration the contentions advanced by both the learned counsels, the writ petition is disposed of with the following directions:

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(!) The respondent authorities shall give interim custody of the vehicle Registration No. RJ 27 GC 5436 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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(ii) The petitioner shall give an undertaking to produce^thevehicleas and when required either by the authority concerned^orCourtor the Investigating Agency and also give an undertaking^thathewill not alienate, encumber or alter the physical features of the vehicle.

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Accordingly, the Writ Petition is disposed of. There^{shallbenoorderas} to costs.

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As a sequel, all pending miscellaneous applications^{shallstandclosed.}

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Sd/-G.HELA NAIDU ASSISTANT REGISTRAR

//TRUE COPY//

To,

SECTION OFFICER

The Principal Secretary, Mines and Geology Department, State of Andhra Pradesh, Secretariat Bldgs, Velagapudi, Amaravati,^Guntur District.

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2- Dy- Director, Mines Geology Department, RVS Squad (Rastra Vigilance Squad), Kurnool, Kurnool District.

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The Assistant Director, The Assistant Director, Mines Geology Department, (Incharge of Ananthapur, Puttaparthi, Nandyala Kurnool) Kurnool, Kurnool District.

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