The central legal point established is that the seizure of the vehicle without following the procedure contemplated under the A.P. Minor Mineral Concession Rules was illegal.

JUDGMENT

Dr. Justice K.Manmadha Rao. - The petitioner seeks writ of mandamus declaring the action of the 3rd respondent in seizing the vehicle i.e., Hydraulic Excavator @ R210 Machine Serial No.N633D03069(Hyundai-210) of the petitioner without following the procedure contemplated under law as illegal and for consequential direction to the 3nd respondent to release the vehicle.

2. Petitioner's case succinctly is thus:

(a) Petitioner is the owner of the vehicle i.e., Hydraulic Excavator @ R210 Machine Serial No.N633D03069(Hyundai-210). On 04.01.2022 the vehicle of the petitioner was seized by the 3rd respondent alleging excavation of gravel without valid permission in Sy.No.578/1 to an extent of ac.1.80 cents, held by Smt.Garapaka Pullama, W/o.Kotaiah, arugolanu Village, Tadepalligudem Mandal, West Godavari District.

Hence, the writ petition.

3. Heard learned counsel for the petitioner Sri B.Jaya Prabhakara Rao and learned Government Pleader for Mines and Geology representing respondents 1 to 3 and learned Government Pleader for Revenue appearing for Respondent Nos.4 and 5.

4. The submission of the learned counsel for the petitioner is that as per Rule 26 (3)(iii) of a.P. Minor Mineral Concession Rules, 1966 (for short 'aPMMC Rules'), Mining authorities are empowered to collect seigniorage fee and penalty but they have no authority to seize the vehicle. He thus prayed to direct the respondents to release the vehicle.

5. Learned Government Pleader for Mines and Geology would submit that the issue involved in this Writ Petition is covered by the order passed in W.P.No.10954 of 2021 and requested that this Writ Petiton may be disposed of accordingly.

6. accordingly, this writ petition is allowed and taking into the financial status of the petitioner, the following order is passed:

(i) The respondent authorities shall give interim custody of the vehicle i.e., Hydraulic Excavator @ R210 Machine Serial No.N633D03069(Hyundai-210) to the petitioner upon his furnishing a personal bond for Rs.2,00,000/- and producing proof in support of his ownership of the vehicle;

(ii) The petitioner shall give an undertaking to produce the vehicle as and when required either by the authority concerned or Court or the Investigating agency and also give an undertaking that he will not alienate, encumber or alter the physical features of the vehicle.

7. Registry is directed to attach copy of the order in W.P.No.10954 of 2021 to this order.

8. Consequently, miscellaneous applications pending, if any, shall stand closed.