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. TG 07 W 3636 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

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 2nd respondent to consider the proceedings dated 08.04.2026 vide No. 2/RVS/Eluru/2024 pending disposal of the above writ petition

Counsel for the Petitioner:

1. CHETAN PONNURU

Counsel for the Respondent(S):

1. GP FOR HOME

2. GP FOR MINES AND GEOLOGY

The Court made the following Order:

Instant Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India is filed for the following relief:

“.... 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. TG 07 W 3636 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 such other order …”.

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 i.e., Lorry bearing No. TG 07 W 3636 and he has been using the subject vehicle for transportation purposes only. While so, on 07.04.2026, the respondent No.3 herein has seized the vehicles alleging that the petitioner has been transporting the sand without valid documents. Learned counsel for the petitioner further submit that the respondent No.3 has illegally seized the vehicle of the petitioner and hence, learned counsel for the petitioner prays the Court to direct the respondents to release the vehicles forthwith.

4. 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.

5. Learned Assistant Government Pleader for Mines and Geology appearing for the respondents did not refute the submission made by the learned counsel for the petitioner since the issue involved in this writ petition is squarely covered by an earlier decision of this Court.

6. In this context, it is apt to note the relevant Rule 9B-(19) of the said G.O.Ms.No.100 Industries and Commerce (Mines-II), Department, dated 26.06.2025, which reads as follows:

Q. Offences and Penalties:

i. In 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 Sand Way bill /invoice shall be penalized as follows;