The court permitted the respondents to initiate proceedings and levy penalties against the petitioner in accordance with the updated procedure and penalty framework established under Rules 19, 20, and 21 of 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 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 27 TY 3569 along with the finished product of tiles and slabs of the Petitioner and demanding seigniorage fee on the finished product as arbitrary, illegal, unjust, unconstitutional, violative of principles of natural justice and contrary to Mines and Minerals (Development & Regulation) Act 1957, A.P. Minor Mineral Concession Rules 1966 and Mineral Dealers Rules 2000

IA NO: 1 OF 2017(WPMP 21030 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 Respondents to forthwith release the vehicle bearing No. AP 27 TY 3569 along with material, pending disposal of the writ petition

IA NO: 2 OF 2017(WPMP 23970 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 list the matter for "FOR BEING MENTIONED" to modify the order to the extent of production of original R.C. Book in W.P.M.P.No.21030/ 2017 in W.P.No.17182 of 2017, dt.02-06- 2017 and pass

The Court made the following order:

ORDER:

The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking the following main prayer:

“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 27 TY 3569 along with the finished product of tiles and slabs of the Petitioner and demanding seigniorage fee on the finished product as arbitrary, illegal, unjust, unconstitutional, violative of principles of natural justice and contrary to Mines and Minerals (Development & Regulation) Act 1957, A.P. Minor Mineral Concession Rules 1966 and Mineral Dealers Rules 2000 and pass …..”

Heard Ms.P.Vijaya Lakshmi, learned counsel for the petitioner and learned Assistant Government Pleader for Industries and Commerce Department and learned Government Pleader for Mines & Geology appearing for the respondents.

Apparently, at the stage of admission, this Court granted interim order on 02.06.2017 directing the respondents to release the seized vehicle of the petitioner subject to the condition of furnishing third party security to the satisfaction of the competent authority and with an undertaking that the seized vehicle shall not be alienated pending disposal of the writ petition.

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 vehicle has been handed over to the petitioner towards interim custody.

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 prohibited areas (i.e. within 500 meters from the Ground water structures, Bridges, Dams, Railway lines and cross drainage structures etc.), transportation of sand outside the State and found transporting sand without valid permit shall be penalized as follows: