Ravuri China Thirupathi Rao, Vs The… — Mining and Natural Resources | Andhra Pradesh HC (2026)

Ravuri China Thirupathi Rao, Vs The… — Mining and Natural Resources | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

Direction to the 2nd respondent to pass orders under Clause (iii) Sub-Rule(3) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966, collect the due seigniorage fee and penalty as per law, and release vehicles Nos. AP 30 V 8352 and AP 39 UL 4337 to the petitioners within one week of receipt of a copy of the order; no costs; pending miscellaneous applications closed.

Issue for consideration

Whether the action of the respondents in seizing the petitioners' tipper lorries Nos. AP 30 V 8352 and AP 39 UL 4337 without following any procedure under the A P Minor Mineral Concession Rules 1966 and the Mines and Minerals Development and Regulation Act 1957 is illegal, arbitrary and violative of Articles 14, 19(1)(g) and 300A of the Constitution of India. +1 more

Court's answer

The petition was allowed on the basis of the joint submissions of counsel for the petitioners (offer to pay seigniorage fee and penalty) and the Government Pleader (no objection); the legality of the seizure was not adjudicated on merits.

Ratio / Principle

The writ petition is allowed and the 2nd respondent is directed to pass orders in terms of Clause (iii) Sub-Rule(3) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966 and collect due seigniorage fee and penalty as per law.

Key takeaways

The vehicles Nos. AP 30 V 8352 and AP 39 UL 4337 seized by the respondent officials are to be released to the petitioners within one week from the date of receipt of a copy of the order.ratio¶13

Detailed headnote1 paragraphs

Writ of Mandamus under Article 226 — seizure of Tipper Lorries Nos. AP 30 V 8352 (1st petitioner) and AP 39 UL 4337 (2nd petitioner), along with granite slabs, by respondent officials, alleged to have been made without following the procedure under the A P Minor Mineral Concession Rules 1966 and the Mines and Minerals Development and Regulation Act 1957 and in violation of Articles 14, 19(1)(g) and 300A of the Constitution — at hearing, counsel for the petitioners offered to pay the seigniorage fee and penalty under Clause (iii) Sub-Rule(3) of Rule 26 of the 1966 Rules and the learned Government Pleader for Mines & Geology submitted that orders may be passed accordingly — writ petition allowed; 2nd respondent directed to pass orders under Rule 26(3)(iii), collect the due seigniorage fee and penalty as per law, and release both vehicles to the petitioners within one week of receipt of a copy of the order. No costs; pending miscellaneous applications closed. The legality of the seizure was not adjudicated on merits; disposal rested on the joint submissions.

THE HON’BLE SRI JUSTICE VENKATESWARULU NIMMAGADDA

WRIT PETITION NO.2920 OF 2026

ORDER :

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

claiming the following relief:

“To issue Writ of Mandamus declaring the action of respondents in seizing the Tipper Lorry bearing No AP 30 V 8352 of the 1^st petitioner and Tipper Lorry bearing No AP 39 UL 4337 of the 2^nd petitioner without following any procedure under statutes as illegal arbitrary 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 violation of Article 14, 19(1)(g) and 300A of Constitution of India and consequently direct the respondents to release the vehicle of the petitioner from their custody

Heard Sri Chetan Ponnuru, learned counsel for the petitioners and learned Government Pleader for Mines and Geology.

During hearing, learned counsel for the petitioners would submit that the petitioners are ready to oblige the orders of the respondent authority and pay the seigniorage fee and penalty as contemplated under the Clause (iii) Sub-Rule(3) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966. Hence, a direction may be given to the respondent authorities to

pass the orders and collect the due seigniorage fee and penalty and release the seized granite slabs and vehicle.

Learned Government Pleader for Mines & Geology

would submit that orders may be passed accordingly.

In view of the above submissions, the Writ Petition is allowed and the 2^nd respondent is directed to pass orders in terms of the Clause (iii) Sub-Rule(3) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966 and collect due

seigniorage fee and penalty as per law and release the vehicles Nos. AP 30 V 8352 and AP 39 UL 4337 seized by the respondent officials, to the petitioners within a period of one week from the date of receipt of a

copy of the order. No costs.

Consequently, miscellaneous applications pending if any, shall also stands closed.

_____________________________________________ JUSTICE VENKATESWARULU NIMMAGADDA

Date:03.02.2026 SP