Disposed

Konakala Srinivasa Rao v. The State of Andhra Pradesh

Andhra Pradesh HC8 Jul 2026WP/18337/2026

Case brief

AI extract

What is this about?

Petitioners' tractors and trailers were seized by police alleging sand transport without valid documents. Following an earlier order of the Court, the writ petition was disposed directing authorities to levy penalty under clause 19(a) of G.O.Ms.No.100 and release vehicles on payment with proof of ownership.

What did the court decide?

Vehicles directed to be released after levy and payment of penalty under clause 19(a) of G.O.Ms.No.100 dated 26.06.2025, on production of receipt and ownership documents.

Konakala Srinivasa Rao Vs The State of… — Mining and Natural Resources | Andhra Pradesh HC (2026)

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Date of reserved for orders :

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Date of pronouncement : 09.07.2026 Date of uploading :

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APHC010344312026

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3329]

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THURSDAY, THE 9^th DAY OF JULY 2026

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 18337/2026

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Between:

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KONAKALA SRINIVASA RAO, S/O. BASKARA RAO, AGED ABOUT 40 YEARS, R/O. 5-24, GUTTAVARIPALEM PEDAPULIVARRU, BAPATIA DISTRICT - 522257.

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ALLA SWARAJYANARAO, S/O. HANUMANTH RAO AGED ABOUT 42 YEARS, R/O. 57, PENUMUDI, REPALLE, BAPATIA DISTRICT - 522265.

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...PETITIONER(S)

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUTUR DISTRICT-522237.

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THE TAHSILDAR, CHALLAPALLI, KRISHNA DISTRICT-521126.

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THE STATION HOUSE OFFICER, CHALLAPALLI POLICE STATION, KRISHNA DISTRICT-521126.

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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 appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the

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Respondent seizing the Tractor bearing No.AP39 UR 1348 and its trailer No.AP39 TT 2700 of the 1st Petitioner, Tractor bearing NO.AP39 UG 6093 and its trailer No.AP39 UH 0894 of the 2nd Petitioner in connection with FIR Nos. 197 and 201 of 2026 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)(g) of the Constitution of India and consequently direct the respondents to release the above said vehicles of the Petitioners along with cell phones forthwith in the interest of justice 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 direct the respondents to release the Tractor bearing NO.AP39 UR 1348 and its trailer No.AP39 TT 2700 of the 1ST Petitioner, Tractor bearing No.AP39 UG 6093 and its trailer No.AP39 UH 0894 of the 2nd Petitioner pending disposal of the above writ petition in the interest of justice and pass

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Counsel for the Petitioner(S):

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1.B JAYA PRABHAKARA RAO

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Counsel for the Respondent(S):

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1.GP FOR HOME

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2.GP FOR REVENUE

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3.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: 18337 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 an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3^rd respondent seizing the Tractor bearing No.AP39 UR 1348 and its trailer No.AP39 TT 2700 of the 1^st petitioner, Tractor bearing No.AP39 UG 6093 and its trailer No.AP39 UH 0894 of the 2^nd petitioner in connection with FIR Nos. 197 and 201 of 2026 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)(g) of the Constitution of India and consequently direct the respondents to release the above said vehicles of the petitioners along with cell phones forthwith in the interest of justice and pass such other order or orders...”

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Heard learned counsel for the petitioners, learned Assistant Government Pleader for Mines and Geology for the respondent No.1, learned Government Pleader for Revenue for respondent No.2 and learned Government Pleader for Home for respondent No.3.

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Learned counsel for the petitioners submits that the petitioners are the owners of the Tractor bearing No.AP39 UR 1348 and its trailer No.AP39 TT 2700, Tractor bearing No.AP39 UG 6093 and its trailer No.AP39 UH 0894 respectively and they have been using the subject vehicles for agricultural and commercial use on hire. While so, on 30.06.2026 and 01.07.2026, the

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respondent No.3 herein has seized the vehicles alleging that the petitioners have been transporting the sand without valid documents.

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Learned counsel for the petitioners further submit that the respondent No.3 has illegally seized the vehicles of the petitioners and registered FIR Nos.197 and 201 of 2026 under Section 303(2) of Bharatiya Nyaya Sanhita, 2023, Section 27 of the Andhra Pradesh Water, Land and Trees Act (APWALTA), 2002 and Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957. Hence, learned counsel for the petitioners prays that this Hon’ble Court may direct the respondents to release the vehicles. In support of his contentions, the learned counsel for the petitioners relied on a decision of this Court in W.P.No.35886 of 2025 and prayed this Court to

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dispose of this Writ Petition in terms of the said order. He also relies on G.O.Ms.No.100, dated 26.06.2025.

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The relevant clauses of Clause 19(a) of the said G.O.Ms.No.100 Industries and Commerce (Mines-II), Department, dated 26.06.2025, 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 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/-

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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 vehicles for any alleged violations, they could, at the best levy only penalties.

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On the other hand, learned Assistant Government Pleader for Mines and Geology appearing for respondent No.1 did not refute the submission made by the learned counsel for the petitioners 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 by the learned counsel for all the parties and on perusal of the material placed on record, in view of the earlier orders passed by this Court and with the consent of learned counsel for both the parties, this Court is inclined to dispose of the Writ Petition at the stage of admission as under.

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Accordingly, the present Writ Petition is disposed of, directing the respondent authorities to pass appropriate orders in terms of clause 19(a) of G.O.Ms.No.100, Industries and Commerce (Mines-III), Department, dated 26.06.2025, for levying penalty if any. After levy of penalty and on payment of such penalty, the seized vehicles shall be released to the petitioners respectively by the 3^rd respondent on producing the receipt of such payment and ownership documents of the vehicles to the satisfaction of the 3^rd respondent. There shall be no order as to costs.

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As a sequel, miscellaneous applications pending, if any, shall also stand

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closed.

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________________________________ VENKATESWARLU NIMMAGADDA, J

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09.07.2026 TPS Whether the order is :

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Speaking  Reasoned Reportable Non-reportable 

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