The court permitted the respondents to initiate proceedings and levy penalties for illegal sand transportation in accordance with the updated procedure and penalty framework established under G.O.Ms.No.100 Industries & Commerce (Mines-II) Department.

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 toto issue an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the action of respondents in seizing the Vehicles lorry bearing No. AP 31 TH 1539 and Tractor No. AP 37AR 9318 & Trailer No. AP 30Y 1545 of the petitioners and issuing the Notice bearing No. 111/Q/Sand/2016, dated 09-11-2017 by 3rd respondent without following any procedure under statutes as illegal, arbitrary and violative of the procedure contemplated under the A.P. Minor Mineral Concession Rules, 1966 & provisions of the Mines and Minerals (Development & 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 in view of the facts and circumstances setout hereunder and consequently direct the respondents to release the vehicle from their custody

IA NO: 1 OF 2017(WPMP 47858 OF 2017

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 3rd respondent to grant interim custody of vehicles lorry bearing No. AP 31TH 1539 and Tractor No. AP 37AR 9318 & Trailer No. AP 30Y 1545to the petitioners pending disposal of the Writ Petition

The Court made the following:

ORDER:

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

“……..issue an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the action of respondents in seizing the Vehicles lorry bearing No. AP 31 TH 1539 and Tractor No. AP 37AR 9318 & Trailer No. AP 30Y 1545 of the petitioners and issuing the Notice bearing No. 111/Q/Sand/2016, dated 09-11-2017 by 3rd respondent without following any procedure under statutes as illegal, arbitrary and violative of the procedure contemplated under the A.P. Minor Mineral Concession Rules, 1966 & provisions of the Mines and Minerals (Development & 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 in view of the facts and circumstances setout hereunder and consequently direct the respondents to release the vehicle from their custody….”

2. Heard Sri K.Navven Kumar, learned counsel for the petitioners and Ms.M.Anusha, learned Assistant Government Pleader for Mines and Geology appearing for the respondents.

3. Apparently, at the stage of admission, this Court granted interim order on 16.11.2017 directing the respondents to release the seized vehicles of the petitioners subject to the condition of furnishing third party security to the satisfaction of the competent authority and with anundertaking that the seized vehicles shall not be alienated pending disposal of the writ petition.

4. Learned Assistant Government Pleader for Mines & Geology appearing for the respondents brought to the notice of this Court about the new rules made under G.O.Ms.No.100 Industries & Commerce (Mines-II) Department dated 26.06.2025 issued by the Government of Andhra Pradesh. However, she fairly submits that based on the interim directions of this Court, the seized vehicles had been handed over to the petitioners towards interim custody.

5. At this juncture, it is apt to note the relevant Rule 19 (a) (b) prescribed in G.O.Ms.No.100 Industries & Commerce (Mines-II) Department dated 26.06.2025 issued by the Government of Andhra Pradesh, as under:-

“(19) Offences and Penalties

a) In the case of the vehicles engaged in illegal/ un-authorized excavation in the proh