Makireddy Rambabu Vs the State of Ap

The State of Andhra Pradesh, represented by its Principal Secretary, Mines & Geology Department, Secretariat of A.P., Velagapudi, Amaravathi, Guntur District. 522237

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The Tahasildar, Nathavaram Mandal, Anakapalle District. - 531001

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The Sub-Inspector of Police, Nathavaram Police Station, Anakapalle District. 531001

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...Respondents

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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 to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the 3^rd respondent in seizing the petitioner's vehicles i.e., JCB bearing No. AP40A 8851, Tractor bearing No.AP31 DM 8832 and Trailer bearing no AP 39 UE 4927 without jurisdiction and contrary to APMMC Rules, 1966 as illegal,

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arbitrary and violative of Article 14, 19(1)(g) and 21 of Constitution of India and be pleased to 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 to direct the respondents to release JCB bearing No. AP40A 8851, Tractor bearing No.AP31 DM 8832 and Trailer bearing No. AP39 UE 4927 to the petitioner pending writ petition disposal of the above writ petition and pass

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Counsel for the Petitioner: T V SRI DEVI

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Counsel for the Respondents: GP FOR HOME

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Counsel for the Respondents:GP FOR REVENUE

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Counsel for the Respondents:GP FOR MINES AND GEOLOGY

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The Court made the following order:

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

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WRIT PETITION NO: 6966 OF 2026

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ORDER:

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This Writ Petition under Article 226 of the Constitution of India is filed for the following relief:

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“to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the 3^rd respondent in seizing the petitioner's vehicles i.e., JCB bearing No. AP40A 8851, Tractor bearing No.AP31 DM 8832 and Trailer bearing No AP 39 UE 4927 without jurisdiction and contrary to APMMC Rules, 1966 as illegal, arbitrary and violative of Article 14, 19(1)(g) and 21 of Constitution of India and be pleased to pass”

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Heard Sri C.Upendra, counsel appearing for learned counsel for the petitioner Ms.T.V.Sridevi, 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 petitioner is the owner of the vehicles bearing Nos. JCB bearing No. AP40A 8851, Tractor bearing No.AP31 DM 8832 and Trailer bearing no AP 39 UE 4927 and he has been using the subject vehicles for transportation purposes only. While so, on 07.11.2025, the respondent No.3 herein has seized the

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vehicles alleging that the petitioner has been transporting the sand without valid documents.

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Learned counsel for the petitioner further submit that the respondent No.3 has illegally seized the vehicles of the petitioner and registered an FIR No.127 of 2025 of Nathavaram Police Station under Sections 329(3), 324(4) of Bharatiya Nyaya Sanhita, 2023 and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957. Hence, learned counsel for the petitioner prays the Court to direct the respondents to release the vehicles forthwith.

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In support of his contentions, the learned counsel for the petitioner relied on a decision of this Court in W.P.No.2222 of 2026 and prayed this Court to dispose of the Writ Petition in terms of the said order. He further relies on G.O.Ms.No.100, dated 26.06.2025.

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On the other hand, learned Assistant Government Pleader for Mines and Geology appearing for the respondents did not refute the submission made by the 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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In this context, it is apt to note the relevant Rule 9B-(19) of the said G.O.Ms.No.100 Industries and Commerce (Mines-II), Department, dated 26.06.2025, which 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 vehicles for any alleged violations, they could, at the best, levy only penalties.

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Considering the submissions made and on perusal of the written instructions placed on record, 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 as follows:

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A) Directing the respondent authorities to pass appropriate orders in terms of Rule 9-B(19) of G.O.Ms.No.100, Industries and Commerce (Mines-III), Department, dated 26.06.2025, for levying penalty if any;

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B) After levy of penalty and on payment of such penalty, the petitioner shall produce the receipt of such payment and ownership documents of the vehicles to the satisfaction of the 3^rd respondent;

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