Manukonda Ravi Vs The State of Andhra Pradesh

The District Mines and Geology Officer, Narasaraopet, Palnadu District 3. The Tahsildar, Atchampet Mandal Atchampet, Palnadu District 4. The Station House Officer, Atchampet Police Station Atchampet,

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Palnadu 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 i 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 4th respondent in seizing the Tipper Lorry bearing No. AP 39 UH 1459 belongs to the petitioner without following the procedure known to law as illegal, irregular, ultra-virus. arbitrary, high-handed, malafidy, contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental right guaranteed under Article 19(g) of

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the Constitution of India and consequentially direct the respondents to release the above vehicle 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 pleased to direct the respondents to grant interim custody of the Tipper Lorry bearing No. AP 39 UH 1459 belongs to the petitioner pending disposal of the above writ petition in the interest of justice.

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Counsel for the Petitioner: M/S. CH SRI NAGA MEENA KUMARI

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Counsel for the Respondent Nos. 1 & 2: GP FOR MINES AND GEOLOGY Counsel for the Respondent No.3: GP FOR REVENUE

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Counsel for the Respondent No.4: GP FOR HOME

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The Court made the following: OI^DER

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APHC010153352025

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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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WEDNESDAY ,THE TWENTY SIXTH 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: 7929/2025

Between:

Manukonda Ravi

...PETITIONER

AND

The State Of Andhra Pradesh and Others ...RESPONDENT(S)

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Counsel for the Petitioner:

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1.CH SRI NAGAMEENA KUMARI

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Counsel for the Respondent(S):

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1.GP FOR MINES AND GEOLOGY The Court made the following:

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ORDER:

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The writ petition is filed challenging the action of the 4‘^respondent in seizing the Tipper lorry bearing No.AP39 UH1459 belonging to the petitioner, in connection with FIR No.43 of 2025, without following the procedure under the Andhra Pradesh Minor Mineral Concession Rules 1966.

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Heard Smt. C.H. Sri Naga Meena Kumari, learned counsel^forthe petitioner and learned Government Pleader for Mines and

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2

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Geologyappearing for the respondents. With the consent of both the parties, the writ petition is disposed of at the stage^ofadmission.

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Learned counsel for the petitioner contends that the petitioner has been using the subject vehicle for commercial purposes. On 16.03.2025, when the vehicle is at HP Petrol Bunk, Atchampet Village and Mandal, the 4*^espondent herein seized the vehicle alleging that the petitioner had been transporting sand without valid documents.

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Learned counsel for the petitioner submits that the 4*'^respondent has illegally seized the vehicle of the petitioner and registered FIR No.43 of 2025 under Section 303(2) Bharatiya Nyaya Sanhita, 2023. Hence, she 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.15756 of 2024, and prays the Court to dispose of the Writ Petition in terms of the said order. He further relies on G.O.I/ls.No.43 dated 08.07.2024.

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The relevant clauses of Clause 6(lll)(Q)(i) 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 meters from the Ground water structures, Bridges, Dams, Railway lines

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and cross drainage structures etc.), transportation of sand outside the State and found transporting sand without valid Sand Way bill /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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Thus, he argues that the authorities cannot seize the vehicle for any

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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. 15756 of 2024, dated 24.07.2024 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. After the levy of penalty, and on payment of such penalty, the seized^vehicles shall be released by the 4*'^respondent on producing the receipt of such payment and ownership documents of the vehicles to the satisfaction of the 4*^respondent. There shall be no order as to costs.

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

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stand closed.

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Sd/- P.U.V.BHASKAR RAO //TRUE COPY// ASSISTANT REGISTRAR

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To,

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SB ^ OFFICER