| |
CDJ 2026 APHC 1170
|
| Court : High Court of Andhra Pradesh |
| Case No : Writ Petition No. 18337 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE VENKATESWARLU NIMMAGADDA |
| Parties : Konakala Srinivasa Rao Versus The State Of Andhra Pradesh, Rep. By Its Principal Secretary, Gutur & Others |
| Appearing Advocates : For the Petitioner: B. Jaya Prabhakara Rao, Advocate. For the Respondent: Government Pleader for Home, Government Pleader for Revenue, Government Pleader for Mines & Geology. |
| Date of Judgment : 09-07-2026 |
| Head Note :- |
Constitution of India - Article 226 -
|
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Article 226 of the Constitution of India
- Section 151 CPC
- Section 303(2) of Bharatiya Nyaya Sanhita, 2023
- Section 27 of the Andhra Pradesh Water, Land and Trees Act (APWALTA), 2002
- Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957
- APMMC Rules, 1966
- G.O.Ms.No.100, dated 26.06.2025 (Industries and Commerce (Mines‑II), Department)
- Clause 19(a) of G.O.Ms.No.100
2. Catch Words:
Mandamus, illegal seizure, irregular, arbitrary, natural justice, fundamental rights, penalty, release of vehicles, injunction
3. Summary:
The petitioners sought a writ of mandamus under Article 226 to compel the release of their seized tractors and trailers, alleging that the seizure violated APMMC Rules, 1966 and their fundamental rights. They relied on FIRs under the Bharatiya Nyaya Sanhita, APWALTA, and the Mines and Minerals Act. The respondents argued that the matter was covered by a prior decision of the Court and the penalty provisions in G.O.Ms.No.100. After hearing both sides, the Court, with parties’ consent, disposed of the petition at the admission stage, directing the authorities to levy penalties as per Clause 19(a) of G.O.Ms.No.100 and release the vehicles upon payment of such penalties and production of ownership documents. No costs were awarded, and any pending applications were closed.
4. Conclusion:
Petition Dismissed |
| Judgment :- |
|
(Prayer: 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 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
IA NO: 1 OF 2026
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)
1. This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
“to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd 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 such other order or orders...”
2. 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.
3. 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 respondent No.3 herein has seized the vehicles alleging that the petitioners have been transporting the sand without valid documents.
4. 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 dispose of this Writ Petition in terms of the said order. He also relies on G.O.Ms.No.100, dated 26.06.2025.
5. 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:
Q. Offences and Penalties:
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;
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/-
|
Thus, he argues that the authorities cannot seize the vehicles for any alleged violations, they could, at the best levy only penalties.
6. 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.
7. 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.
8. 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 3rd respondent on producing the receipt of such payment and ownership documents of the vehicles to the satisfaction of the 3rd respondent. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall also stand closed.
|
| |
