APHC010164732026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3504]

(Special Original Jurisdiction)

TUESDAY,THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 8440/2026 Between:

1. K ANAGALA RAJESWARI, , W/O. BALA KRISHNA, AGED 39 YEARS, R/O. D.NO. 2-60, INDIRA NAGAR-2, YENAMALAKUDURU, PENAMALURU MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH-

520007.

...PETITIONER AND

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

2. T HE TAHSILDAR, REDDIGUDEM MANDAL, NTR DISTRICT, ANDHRA PRADESH-2. 521215.

3. T HE STATION HOUSE OFFICER, REDDIGUDEM POLICE STATION, NTR DISTRICT ANDHRA PRADESH-521215.

...RESPONDENT(S):

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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in seizing the Lorry Bearing No. AP 39 TB 2112 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 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 2ND and 3RD respondents to grant interim custody the Lorry Bearing No. AP 39 TB 2112 of the petitioner pending disposal of the above writ petition and pass Counsel for the Petitioner:

1. CHETAN PONNURU Counsel for the Respondent(S):

1. GP FOR HOME

2. GP FOR REVENUE

3. GP FOR MINES AND GEOLOGY The Court made the following:

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 TB 2112 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 TB 2112, 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 further submits that the respondent No.3 has illegally seized the vehicles of the petitioner and registered an FIR No.49 of 2026 of Reddigudem Police Station under Sections 303 (2) of Bharatiya Nyaya Sanhita, 2023, 27, 35 of APWALTA. Hence, learned counsel for the petitioner prays the Court to direct the respondents to release the vehicle forthwith.

5. In support of his contentions, the learned counsel for the petitioner relied on a decision of this Court in W.P.No.2222 of 2026 and prayed this Court to dispose of the Writ Petition in terms of the said order. He further relies on G.O.Ms.No.100, dated 26.06.2025.

6. On the other hand, learned Assistant Government Pleader for Mine