APHC010000332026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3458]

(Special Original Jurisdiction)

MONDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 24 OF 2026 Between:

1. N ALLAPU RAJESH, S/O. DURGA RAO, AGED 35 YEARS, R/O. 3-99, NEAR BIBLE MISSION, CHUKKAVARIPALEM, PERAKALAPUDI, DUGGIRALA, GUNTUR DISTRICT, ANDHRA PRADESH-522330.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS, PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH-522237.

2. T HE TAHSILDAR, THULLURU MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH-522237.

3. T HE STATION HOUSE OFFICER, THULLURU POLICE STATION, GUNTUR DISTRICT, ANDHRA PRADESH-522237.

...RESPONDENT(S):

Counsel for the Petitioner: Chetan Ponnuru Counsel for the Respondents: GP for Home GP for Revenue GP for Mines and Geology The Court made the following order:

The writ petition is filed challenging the action of the respondents in seizing the Lorry bearing No.AP 39 WD 9838 of the petitioner and without following the relevant procedure established by law under Andhra Pradesh Minor Mineral Concession Rules, 1966.

2. Heard Sri Appavu Muniraj, learned counsel appearing for Sri Chetan Ponnuru, learned counsel for the petitioner and Smt. Sudeepthi Potluri, learned Assistant Government Pleader for Mines and Geology appearing for the respondents. With the consent of both the learned counsel, the writ petition is disposed of at the stage of admission.

3. Learned counsel for the petitioner submits that the petitioner’s vehicle was seized without authority of law and in violation of the provisions of Sub- Rule (3)(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966. He further submits that a direction may be given to the respondent authorities to pass appropriate orders for the release of the vehicle and he relies on the decision of this Court passed in W.P.No.36325 of 2025 dated 30.12.2025.

4. Learned Assistant Government Pleader for Mines and Geology appearing for the respondents would not dispute the issue being covered by an earlier decision of this Court.

5. In view of the above, the respondents are directed to pass orders in terms of Sub-Rule (3)(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966 and collect the due seigniorage fee and penalty as per law and release the vehicle No.AP 39 WD 9838 seized by the 3^rd respondent to the petitioner within a period of one week from the date of receipt of the copy of the order.

6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, all pending miscellaneous applications shall stand closed.

_____________________________

JUSTICE KIRANMAYEE MANDAVA Date: 05.01.2026 Note: Issue CC today B/o. BSK THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 24 OF 2026 Date: 05.01.2026 Note: Issue CC today B/o. BSK