Purushottam Rajaram Patil Vs the State of Ap

THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF MINES AND GEOLOGY, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, AP-52238.

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THE COMMISSIONER, DIRECTOR OF MINES AND GEOLOGY, IBRAHIMPATNAM, VIJAYAWADA, NTR DISTRICT, AP-521456.

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THE DISTRICT MINES AND GEOLOGY OFFICER, VIJAYAWADA, NTR DISTRICT, AP-521213.

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THE STATION HOUSE OFFICER, BHAVANIPURAM POLICE STATION, VIJAYAWADA,-NTR DISTRICT, AP- 520012.

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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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3rd respondent in issuing the impugned notice No.1705A/g/DMGO- NTR/2024-2 dated 04.09.2025, seizing the lorry bearing No.KA 56 6167 along with colour

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granite slabs and directing the petitioner to pay Rs.6,84,162/- as illegal, arbitrary, violative of principles of natural justice and contrary to the provisions of Andhra Pradesh Minor Mineral Concession Rules, 1966 (as amended) and consequently setting aside the impugned notice dated 04.09.2025 by directing the respondents 2 to 4 to forthwith release the lorry bearing No.KA 56 6167 to the petitioner and pass

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IA NO: 1 OF 2026

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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 pleased to suspend the impugned notice No.1705A/g/DMGO-NTR/2024-2 dated 04.09.2025 and direct the respondents 2 to 4 to forthwith release the lorry bearing No.KA 56 6167 to the petitioner, pending disposal of the main Writ Petition and pass

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Counsel for the Petitioner:

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1.SIVA SANKARA RAO BORRA

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Counsel for the Respondent(S):

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1.GP FOR HOME

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2.GP FOR MINES AND GEOLOGY

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The Court made the following:

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION No.1744 OF 2026

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ORDER:-

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This writ petition is filed under Article 226 of the Constitution of the India

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seeking the following reliefs:-

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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 the 3^rd respondent in issuing the impugned notice No.1705/Vg/DMGO- NTR/2024-2, dated 04.09.2025, seizing the lorry bearing No.KA 56 6167 along with colour granite slabs and directing the petitioner to pay Rs.6,84,162/- as illegal, arbitrary, violative of principles of natural justice and contrary to the provisions of Andhra Pradesh Minor Mineral Concession Rules, 1966 (as amended) and consequently setting aside the impugned notice dated 04.09.2025 by directing the respondents 2 to 4 to forthwith release the lorry bearing No.KA 56 6167 to the petitioner and pass other order or orders...”

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology appearing for the respondents.

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Learned counsel for the petitioner submits that the respondent authorities intercepted the vehicle belonging to the petitioner. He further submits that on the ground that the petitioner did not produce the necessary documents, the respondent authorities directed the lorry driver to pay an amount of Rs.6,84,162/-, normal seigniorage fee and other statutory levies and price for unauthorized transportation of color granite slabs under Rule 26(2)(c) and 34(1)(1) as per Andhra Pradesh Minor, Mineral Concession Rules, 1966.

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Learned counsel for the petitioner also relied upon a judgment rendered the Hon’ble Division Bench of this Court in the Naganath Vs.State of Andhra Pradesh¹ , wherein, it is held as follows:

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“Having regard to the usage of the word, „driver‟ or „person-incharge of the vehicle‟, the Government Pleader tried to contend that even for release of the vehicle, the owner or the person claiming release of the vehicle has to pay penalty equal to the market value of the mineral along with seigniorage fee prevalent at that time. On a reading of the above Rule, there is nothing to indicate, the vehicle cannot be released, unless the penalty and seigniorage fee is paid. All that the rule states is that the penalty equal to market value of the mineral seized along with seigniorage fee prevalent at that time can be ordered to be paid at the time of interception of the vehicle, if driver or person-in-charge of the vehicle fails to produce a valid permit. But, nowhere the Rule postulates that the vehicle cannot be released, unless the same is paid.”

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Learned counsel for the petitioner further submits that in similar circumstances, this Court passed order dated 14.07.2025 in W.P.No.17241 of 2025 and hence, requested this Court to pass a similar order in this writ petition also.

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Learned Assistant Government Pleader for Mines and Geology appearing for the respondents did not refute the submission made by the

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12021 (2) ALD 535

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learned counsel for the petitioner since the issue involved in this writ petition is squarely covered by an earlier decision of this Court.

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Considering the submissions made, in view of the earlier orders passed by this Court and with consent of learned counsel for both the parties, this Court is inclined to dispose of the writ petition at the stage of admission.

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Accordingly, the present writ petition is disposed of, with the following directions:

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(i) The respondent authorities shall give interim custody of the vehicle bearing No.KA 56 6167 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 the vehicle as and when required either by the authority concerned or Court or the Investigating Agency and also give an undertaking that he will not alienate, encumber or alter the physical features of the vehicle.

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There shall be no order as to costs.

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As a sequel, all pending miscellaneous applications shall stand closed.

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