Disposed¶54

P B Rao v. the State of Ap

Andhra Pradesh HC18 Feb 2026WP/1740/2019

Case brief

AI extract

What is this about?

Vehicle seizure; sand transportation; illegal/unauthorised excavation; prohibited areas; writ of mandamus; Article 226; Articles 19 and 21; interim custody; third party security; non-alienation undertaking; G.O.Ms.No.100 dated 26.06.2025; Rule 19 offences and penalties; Rules 20 and 21 appeals and clarifications; Rs.2000 per MT excess sand penalty; Assistant Director of Mines and Geology Srikakulam; SHO Etcherla Police Station; disposal with liberty to proceed under new rules; no order as to costs; miscellaneous petitions closed.

What did the court decide?

Writ petition disposed of; liberty granted to the respondents to initiate appropriate steps in terms of the procedure under Rules 19, 20 and 21 of G.O.Ms.No.100, Industries & Commerce (Mines-II) Department, dated 26.06.2025; no order as to costs; pending miscellaneous petitions closed.

P B Rao Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents' seizure of the petitioner's vehicle bearing No. AP 31 TE 5349 without following the procedure prescribed under the relevant statutes was illegal, arbitrary and violative of Articles 19 and 21 of the Constitution of India, and whether the vehicle should be released from their custody. +1 more

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Court's answer

With the above observations, the present Writ Petition is disposed of, with no order as to costs.

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Ratio / Principle

Liberty is given to the respondents to initiate appropriate steps in terms of the procedure enunciated under Rules 19, 20 and 21 of 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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Key takeaways

As a sequel to the disposal, the miscellaneous petitions, if any, pending in the writ petition shall stand closed.ratio¶58

Detailed headnote1 paragraphs

Andhra Pradesh High Court, Amaravati (Maheswara Rao Kuncheam, J.), W.P. No. 1740 of 2019, decided 19.02.2026. Petitioner P B Rao, a businessman, challenged under Article 226 the respondents' seizure of his vehicle bearing No. AP 31TE 5349, contending it was done without following the procedure prescribed under the relevant statutes and was illegal, arbitrary and violative of Articles 19 and 21 of the Constitution of India, and sought release of the vehicle. By interim order dated 14.02.2019 the Court had directed release of the seized vehicle subject to furnishing third party security and an undertaking that it would not be alienated pending disposal; the vehicle was subsequently handed over to the petitioner in interim custody. At hearing, the learned Assistant Government Pleader for respondent Nos. 1 and 2 referred to the new rules in G.O.Ms.No.100, Industries & Commerce (Mines-II) Department, dated 26.06.2025 — Rule 19 prescribing penalties for vehicles engaged in illegal/unauthorised excavation, transportation of sand outside the State or without valid permit, and levy of Rs.2000/- per MT on excess quantity carried; Rules 20 and 21 relating to appeals and powers to issue orders, clarifications and guidelines. Disposing of the writ petition, the Court granted the respondents liberty to initiate appropriate steps in terms of the procedure enunciated under Rules 19, 20 and 21 of the said G.O., with no order as to costs; miscellaneous petitions, if any, were closed.

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APHC010038422019

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3504]

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THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

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WRIT PETITION NO: 1740/2019

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Between:

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P B RAO, OCC BUSINESS, D.NO.2-49, MAIN STREET, VENKATAPURAM, ETCHERLA, SRIKAKULAM DISTRICT, ANDHRA PRADESH.

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...PETITIONER

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AND

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THE STATE OF AP, REP. BY ITS, PRINCIPAL SECRETARY, MINES AND GEOLOGYDEPARTMENT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH.

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THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, SRIKAKULAM, SRIKAKULAM DISTRICT.

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THE STATION HOUSE OFFICER, ETCHERLA POLICE STATION, SIKAKULAM DISTRICT.

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...RESPONDENT(S):

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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 topleased to issue an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the action of respondents in seizing the Vehicle bearing No. AP 31TE 5349 of the petitioner without following any procedure under statutes as illegal, arbitrary and violative of Article 19, 21 of Constitution of India and consequently direct the respondents to release the vehicle from their custody.

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IA NO: 1 OF 2019

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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

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MRK, J W.P.No.1740 of 2019, dated 19.02.2026

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pleased to direct the 2nd and 3rd respondents to grant interim custody of vehicle bearing No. AP 31TE 5349 to the petitioner pending disposal of the Writ Petition.

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Counsel for the Petitioner:

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1.K NAVEEN KUMAR

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Counsel for the Respondent(S):

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1.GP FOR MINES AND GEOLOGY (AP)

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The Court made the following:

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MRK, J W.P.No.1740 of 2019, dated 19.02.2026

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ORDER:

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The present Writ Petition, filed under Article 226 of the Constitution of India, seeks the following relief:

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“…to issue an appropriate order, writ, or direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the respondents in seizing the petitioner’s vehicle bearing No. AP 31 TE 5349, without following the procedure prescribed under the relevant statutes, as illegal, arbitrary, and violative of Articles 19 and 21 of the Constitution of India, and consequently direct the respondents to release the said vehicle from their custody…”

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Heard Sri K. Naveen Kumar, learned counsel for the petitioner, and the learned Assistant Government Pleader for Mines and Geology appearing for respondent Nos. 1 and 2.

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Apparently, at the stage of admission, this Court granted interim order on 14.02.2019 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 with an undertaking that the seized vehicle shall not be alienated pending disposal of the writ petition.

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The learned Assistant Government Pleader for Mines and Geology appearing for respondent Nos. 1 and 2 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

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MRK, J W.P.No.1740 of 2019, dated 19.02.2026

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directions of this Court, the seized vehicle had been handed over to the petitioner towards interim custody.

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At this juncture, it is apt to note the Rule 19 (a) (b) prescribed in G.O.Ms.No.100, Industries & Commerce (Mines-II) Department, dated 26.06.2025, issued by the Government of Andhra 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.)*	*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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b) Any vehicle transporting sand, if found, carrying sand in excess of the quantity specified in Sand transit form/invoice or in excess

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MRK, J W.P.No.1740 of 2019, dated 19.02.2026

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

c)………….

d)…………..

e)……………

f)……………

g)…………..”

Whereas Rules 20 and 21 of G.O.Ms.No.100, Industries & Commerce (Mines-II) Department, dated 26.06.2025, issued by the Government of Andhra Pradesh, relate to appeals and the powers to issue orders, clarifications, and 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 and 21 of 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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