Tigiripalli Venkatesh Vs the State of Andhra Pradesh

TIGIRIPALLI VENKATESH, ,S/O. TIGIRIPALLI GARAYYA, AGED 36 YEARS, OCC BUSINESS, R/O. 2-20-1, RAMALAYAM STREET, VEGESWARAPURAM, TALLAPUDI MANDAL, ELURU DISTRICT 534340

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 522238

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THE TAHSILDAR, CHINTALAPUDI MANDAL, ELURU DISTRICT. 534460

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THE STATION HOUSE OFFICER, CHINTALAPUDI POLICE STATION, ELURU DISTRICT. 534460

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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 tomay 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 lorry bearing No. AP39WT6579 of the petitioner, without following any procedure under statutes as illegal, arbitrary, high handedness and contrary to the principles of natural justice and violative of the procedure contemplated under the A.P. Minor Mineral Concession Rules, 1966 and provisions of the Mines and Minerals (Development and

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Regulation) Act, 1957 and the rules made there under apart from being violative of Article 14, 19(1)(g), 21 and 300-A of the Constitution of India and consequently direct the respondents to release the lorry bearing No. AP39WT6579 from their custody and pass such

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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 may be pleased to direct the respondents to release lorry bearing Registration No. AP39WT6579 belonging to the petitioner, pending disposal of the main writ petition and pass such

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Counsel for the Petitioner:

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1.M TARAK ABHILASH

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Counsel for the Respondent(S):

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1.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: 19119/2026

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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 respondents in seizing lorry bearing No.AP39WT6579 of the petitioner, without following any procedure under statutes as illegal, arbitrary, high handedness and contrary to the principles of natural justice and violative of the procedure contemplated under the A.P. Minor Mineral Concession Rules, 1966 and provisions of the Mines and Minerals (Development and Regulation) Act, 1957 and the rules made there under apart from being violative of Article 14, 19(1)(g), 21 and 300-A of the Constitution of India and consequently direct the respondents to release the lorry bearing No. AP39WT6579 from their custody and pass such other order or orders...”

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Heard learned counsel for the petitioner, learned Assistant Government

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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 petitioner contends that the petitioner has been using the subject vehicle for transportation purposes only. On 05.07.2026, the 3^rd respondent herein seized the vehicle alleging that the petitioner has been transporting sand without valid documents.

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Learned counsel for the petitioner submits that the 3^rd respondent has

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illegally seized the vehicle of the petitioner and registered FIR No.177 of 2026

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under Section 318(4) of Bharatiya Nyaya Sanhita, 2023 and under Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957. Hence, he 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.14271 of 2025, and prays the Court to dispose of the Writ Petition in terms of the said order. He further relies on G.O.Ms.No.43 dated 08.07.2024.

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The relevant clauses of Clause 6(III)(Q)(i) of the said G.O.Ms.No.43 Industries and Commerce (Mines-III), 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 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 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.14271 of 2025, dated 17.06.2025 directing the respondent authorities to pass appropriate orders in terms of clause 6(III)(Q)(i), of G.O.Ms.No.43 Industries and Commerce (Mines-III), Department, dated 08.07.2024, for levying penalty, if any. After the levy of penalty, and on payment of such penalty, the seized vehicle shall be released by the 3^rd respondent on producing the receipt of such payment and ownership documents of the vehicle 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 closed.

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________________________________ VENKATESWARLU NIMMAGADDA, J

15.07.2026 TPS

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA