Kalluri Subhashini, Vs State of Andhra Pradesh

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APHC010186172017

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

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MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 17182 OF 2017

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Between:

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Kalluri Subhashini, W/o Rambabu, Age 35 years, R/o D.No.40-13-35, Gopalnagar, 4th Line Ongole, Prakasam District, Andhra Pradesh

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...Petitioner

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AND

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State of Andhra Pradesh, Rep. by its Secretary, Industries & Commerce Department, Secretariat, Amaravathi, Krishna District

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The Director of Mines and Geology, State of Andhra Pradesh, Ibrahimpatnam, Krishna District

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The Assistant Director of Mines & Geology Vigilance, Vijayawada, 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 a writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in seizing the lorry bearing No. AP 27 TY 3569 along with the finished product of tiles and slabs of the Petitioner and demanding seigniorage fee on the finished product as arbitrary, illegal, unjust, unconstitutional, violative of principles of natural justice and contrary to Mines and Minerals

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(Development & Regulation) Act 1957, A.P. Minor Mineral Concession Rules 1966 and Mineral Dealers Rules 2000

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IA NO: 1 OF 2017(WPMP 21030 OF 2017

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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 forthwith release the vehicle bearing No. AP 27 TY 3569 along with material, pending disposal of the writ petition

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IA NO: 2 OF 2017(WPMP 23970 OF 2017

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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 list the matter for "FOR BEING MENTIONED" to modify the order to the extent of production of original R.C. Book in W.P.M.P.No.21030/ 2017 in W.P.No.17182 of 2017, dt.02-06- 2017 and pass

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Counsel for the Petitioner: P VIJAYA LAKSHMI

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Counsel for the Respondents: GP FOR MINES AND GEOLOGY (AP) The Court made the following order:

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HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.17182 OF 2017

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ORDER:

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The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking the following main prayer:

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<to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in seizing the lorry bearing No. AP 27 TY 3569 along with the finished product of tiles and slabs of the Petitioner and demanding seigniorage fee on the finished product as arbitrary, illegal, unjust, unconstitutional, violative of principles of natural justice and contrary to Mines and Minerals (Development & Regulation) Act 1957, A.P. Minor Mineral Concession Rules 1966 and Mineral Dealers Rules 2000 and pass …..=

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Heard Ms.P.Vijaya Lakshmi, learned counsel for the petitioner

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and learned Assistant Government Pleader for Industries and Commerce Department and learned Government Pleader for Mines & Geology appearing for the respondents.

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Apparently, at the stage of admission, this Court granted interim order on 02.06.2017 directing the respondents to release the seized vehicle of the petitioner subject to the condition of furnishing third party security to the satisfaction of the competent authority and

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with an undertaking that the seized vehicle shall not be alienated pending disposal of the writ petition.

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Learned Assistant Government Pleader for Mines & Geology appearing for the respondents brought to the notice of this Court about the new rules made under G.O.Ms.No.100 Industries & Commerce (Mines-II) Department dated 26.06.2025 issued by the Government of Andhra Pradesh. However, she fairly submits that based on the interim directions of this Court, the seized vehicle has been handed over to the petitioner towards interim custody.

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At this juncture, it is apt to note the relevant Rule 19(a) (b)

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prescribed in G.O.Ms.No.100 Industries & Commerce (Mines-II) Department dated 26.06.2025 issued by the Government of Andhra

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Pradesh, as under:-

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“(19) Offences and Penalties :

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a) In the 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 and cross drainage structures etc.), transportation of sand outside the State and found transporting sand without valid permit shall be penalized as follows:

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Vehicle Type	First Time (In Rs.)	Sec	ond Time ( Rs.)	In
Tractor	Upto 10,000/-	Rs. 20,00	10,001 0/-	to
Lorry fitted with upto 10 tires capacity	Upto 25,000/-	Rs. 50,00	25,001/- 0/-	to
Lorry fitted with above 10 tires	Upto 50,000/-	Rs. 1,00,	50,001/- 000/-	to
Machinery	Upto 50,000/-	Rs. 1,00,	50,001/- 000/-	to

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b) Any vehicle transporting sand, if found, carrying sand in excess of the quantity specified in Sand transit form /invoice or in excess of

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quantity permitted by the Transport Dept., penalty shall be levied on such excess quantity @ Rs.2000/- per MT

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c)………….

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d)………….. e)…………… f)…………… g)…………..”

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Whereas Rule 20 deals with the appeals, and further Rule 21

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of the G.O.Ms.No.100 Industries & Commerce (Mines-II) Department dated 26.06.2025 relates to the powers to issue orders/clarifications/ guidelines.

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In view of the aforesaid circumstances, liberty is given to the respondents to initiate appropriate steps in terms of procedure enunciated under Rules 19, 20 & 21 of the G.O.Ms.No.100 Industries & Commerce (Mines-II) Department dated 26.06.2025 issued by the Government of Andhra Pradesh.

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