Nadakuditi Sekhar Babu Vs the State of Ap

1 The State of AP, Rep. by its Principal Secretary, Mines and Geology Departnnent Secretariat Buiidings, Velagapudi. Amaravatbi, Gutur District-522237.

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The Tahsildar, Bhattiprole, Bapatia District.

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The Station House Officer, Bhattiprole Police Station Bapatia District

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated i in the affidavit filed therewith, the High Court may be pleased to i* issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent in seizing the Tractor bearing T/R. No. T03325AP7597R its

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Trailer of the Petitioner, Tractor bearing No.AP39Y8879 and its Trailer No. AP29TZ1126 of 2nd Petitioner. Tractor bearing NO.AP07TE6620 and its Trailer No.AP07TE6654 of the 3rd Petitioner i m connection with FIR No.46 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)(gj of the Constitution of India and consequently direct the respondents to release the above said vehicies of the Petitioners forthwith in the interest of justice.

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lA NO: 1 OF 709/^

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Petition under Section 151 CPC is filed praying that in the Circumstances stated in the affidavit filed i m support of the petition, the High Court may be pleased to direct the respondents to release the Tractor bearing T/R. No. T03325AP7597R its Trailer of the 1st Petitioner, Tractor bearing No.AP39Y8879 and its Trailer No. AP29TZ1126 of 2nd Petitioner,' Tractor bearing No.AP07TE6620 and its Trailer NO.AP07TE6654 of the 3rd Petitioner pending disposal of the above writ petition in the interest of justice.

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Counsel for the Petitioners: 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 Counsel for the Respondent No.3: GP FOR HOME

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The Court made the following: ORDER

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APHC010152182025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3458]

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TUESDAY, THE TWENTY FIFTH 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: 7741 of 2025

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Between:

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Nadakuditi Sekhar Babu and others ...Petitioners AND The State of AP and others ...Respondents Counsel for the Petitioners: B Jaya Prabhakara Rao Counsel for the Respondents: GP for Home GP for Revenue GP for Mines and Geology The Court made the following order:

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The writ petition is filed challenging the action of the respondent in seizing the Tractor bearing T/R No.T03325AP7597R along with Trailer belonging to the 1®* petitioner, Tractor bearing No.AP39Y8879 along with Trailer No.AP29TZ1126 belonging to 2 nd petitioner. Tractor bearing NO.AP07TE6620 along with Trailer No.AP07TE6654 belonging to the 3 rd petitioner in connection with FIR No.46 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 Government Pleader for Mines and Geology appearing for the

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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 petitioners contends that the petitioners have been using the subject vehicles for agricultural and commercial purposes. When the vehicles were at Vellaturu Village, Bhattiprole Mandal, the 3'"^ respondent herein has seized the vehicles alleging that the petitioners have been transporting sand without valid documents.

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Learned counsel for the petitioner submits that the 3'^^ respondent has illegally seized the vehicles of the petitioners and registered FIR No.46 of 2025 under Section 303(2) Bharatiya Nyaya Sanhita, 2023, 21(4) Mines and Minerals (Development and Regulation) Act, 1957. Hence, he prays the Court to direct the respondents to release the vehicles. In support of his contentions. the learned counsel for the petitioners relies on a^decision of this Court in W.P.No.5213 of 2025, prays the Court to dispose of^{theWritPetitioninterms} of the said order. He further relies on G.O.Ms.No.43 dated 08.07.2024.

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The relevant clauses of Clause 6(lll)(Q)(i) of the^{saidG.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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/. In case of the vehicles engaged in illegal/ un-authorized^excavationin the prohibited areas (i.e., within 500 meters from^{theGroundwater} structures, Bridges, Dams, Railway lines and cross drainage structures etc.), transportation of sand outside the State and^{foundtransporting} sand without valid Sand Way bill/invoice shall be penalized^asfollows;

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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^{vehicleforanyalleged} violations, they could, at the best levy only penalties.

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Considering the submissions of both the learned^{counselandupon} perusing the material on record, the Writ Petition^{isdisposedofintermsofthe} order passed in W.P.No.5213 of 2025, dated 03.03.2025 directing the respondent authorities to pass appropriate orders in terms of clause 6(lll)(Q)(i), of G.O.Ms.No.43, Industries and Commerce (Mines-lll), Department, dated 08.07.2024, for levying penalty if^{any.Afterlevyofpenalty,} and on payment of such penalty, the seized vehicles^{shallbereleasedbythe} respondent on producing of the receipt of such payment^andownership documents of the vehicles to the satisfaction of the respondent. There shall

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be no order as to costs.

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As a sequel, miscellaneous applications pending, if^{any,shallalsostand}

closed.

To,

//TRUE COPY//

SD/. K SRINIVASA RAJU ASSISTANTjREGISTRAR SE^Hm^FICER