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2026:APHC:32329 APHC010166962026

IN THE HIGH COURT OF ANDHRA PRADESH [3504]

AT AMARAVATI (Special Original Jurisdiction)

THURSDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

WRIT PETITION NO: 8547/2026

Between:

1. INAMPUDI YESTERU RANI, W/O. VARABABU RAO AGED ABOUT 38 YEARS, OWNER OF TRACTOR AND ITS TRAILER, R/O. 2-196, PESARLANKA, BHATTIPROLE,

BAPATLA DISTRICT - 522527.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETANAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUTUR DISTRICT-522237.

2. THE TAHSILDAR, CHALLAPALLI, KRISHNA DISTRICT-

521126.

3. THE STATION HOUSE OFFICER, CHALLAPALLI POLICE STATION, KRISHNA DISTRICT-521126.

...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 to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus

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declaring the action of the 3rd Respondent in seizing the Tractor bearing No.AP40AT2927 and its trailer of the Petitioner in connection with FIR No.69 of 2026 without following the procedure known to the law under APMMC Rules, 1966 as illegal, irregular, arbitrary and contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the above said vehicles of the

Petitioner forthwith in the Interest of justice 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 to direct the respondents to release the Tractor bearing NO.AP40AT2927 and its trailer of the Petitioner pending disposal of the above writ petition in the

interest of justice and pass

Counsel for the Petitioner:

1. B JAYA PRABHAKARA RAO

Counsel for the Respondent(S):

1. GP FOR HOME

2. GP FOR REVENUE

3. GP FOR MINES AND GEOLOGY

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 8547 of 2026

The Court made the following Order:

The Writ Petition is filed challenging the action of the 3^rd

respondent in seizing the Tractor bearing No.AP40 AT 2927 and its Trailer belonging to the petitioner, in connection with FIR No.69 of 2026, without following the procedure under the Andhra

Pradesh Minor Mineral Concession Rules, 1966.

2. Heard Sri B. Jaya Prabhakara Rao, learned counsel for the petitioner and learned Government Pleader for Mines and Geology appearing for the respondents. With the consent of both the parties, the Writ Petition is disposed of at the stage of

admission.

3. Learned counsel for the petitioner contends that the petitioner has been using the subject vehicle for agricultural and commercial use on hire. On 23.02.2026, basing on complaint, the 3^rd respondent herein seized the vehicle alleging that the

petitioner has been transporting sand without valid documents.

4. Learned counsel for the petitioner submits that the 3^rd respondent has illegally seized the vehicle of the petitioners and registered FIR No.69 of 2026 under Sections 132, 303(2) R/w 35

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of Bharatiya Nyaya Sanhita, 2023 and Section 27 of Andhra Pradesh Water, Land and Trees Act (APWALTA), 2002. Hence, he prays the Court to direct the respondents to release the petitioner’s vehicle. In support of his contentions, the learned counsel for the petitioner relies on a decision of this Court in W.P.No.17948 of 2025, and prays the 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.

5. The relevant clauses of Rule 9-B (19) of the said G.O.Ms. No.100 Industries & Commerce (Mines-II) Department, dated

26.06.2025, read as follows:

“Rule 9-B x x x

(19)