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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAHESWARA RAO KUNCHEAM
Venny Infra Works – Appellant
Versus
State Of Andhra Pradesh, Rep. By Its. Principal Secretary, Mines And Geology Department, Velagapudi, Guntur District – Respondent
ORDER :
This Writ Petition under Article 226 of the Constitution of India is filed for the following relief:
“declaring the action of respondents in seizing the Lorry bearing No. AP 39 TV 6143 of the 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 300-A of - Constitution of India and consequently direct the respondents to release the vehicle of the petitioner from their custody and pass”
2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology appearing for the respondents.
3. Learned counsel for the petitioner submits that the petitioner is the owner of the vehicle bearing No. AP 39 TV 6143, and he has been using the subject vehicle for transportation purposes only. While so, the respondent No.3 herein has seized the vehicles alleging that the petitioner has been transporting the sand without valid documents.
4. Learned counsel for the petitioner
The central legal point established in the judgment is that the seizure of vehicles and imposition of penalties must be in accordance with the procedure provided by the relevant government order.
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