WP/35571/2025 of MALLAVARAPU BHAGYA SEKHAR Vs THE STATE OF ANDHRA PRADESH on 21 December 2025

1. MALLAVARAPU BHAGYA SEKHAR, C/O. ANJANEYULU, AGED ABOUT 38 YEARS, RIO BLOCK NO. 97 SF1, JAKKAMPUDI COLONY, JAKKAMPUDI (V) AND (P) , VIJAYAWADA RURAL, NTR DISTRICT, ANDHRA PRADESH.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY,

MINES AND GEOLOGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522 238

2. THE DIVISIONAL DIRECTOR OF MINES AND GEOLOGY OFFICER, GUNTUR, GUNTUR DISTRICT, 522 001

3. THE STATION HOUSE OFFICER, THULLUR POLICE STATION, THULLUR MANDAL, GUNRTUR DISTRICT, ANDHRA PRADESH. 522

...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 order, writ or direction more particularly in the nature of Writ of Mandamus Under Article 226 of the Constitution of India declaring the action of Respondents in seizing the Tipper vehicle Bearing No. AP39 UZ 4646 of the Petitioners without following any procedure under statutes as illegal, arbitrary and violative of Article 19, 21 of Constitution of India and consequently direct the respondents to release the vehicle from their custody and pass IA NO: 1 OF 2025 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 and 3rd respondent to grant interim custody of the Tipper vehicle Bearing No.AP39 UZ 4646 vehicle, to the Petitioners, pending disposal of the above writ petition and pass Counsel for the Petitioner:

1. G N UMA RANI Counsel for the Respondent(S):

1. GP FOR HOME

2. GP FOR MINES AND GEOLOGY The Court made the following Order: The writ petition is filed challenging the action of the respondents in seizing the Tipper vehicle bearing No.AP39 UZ 4646 belonging to the petitioner, without following the relevant procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966.

2. Heard Smt. G.N. Uma Rani, learned counsel for the petitioner and Smt. Sudeepthi Potluri, learned Assistant 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’s vehicle was seized without authority of law and in violation of the provisions of Sub- Rule (3)(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession

Rules, 1966. She further submits that a direction may be given to the respondent authorities to pass appropriate orders for the release of the vehicle, and she relies on the decision of this Court passed in W.P.No.32021 of 2025, dated 18.11.2025.

4. Learned Assistant Government Pleader for Mines and Geology appearing for the respondents would not dispute the issue being covered by an earlier decision of this Court.

5. In view of the above, the respondents are directed to pass orders in terms of Sub-Rule (3)(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966 and collect the due seigniorage fee and penalty as per law and release the vehicle bearing No.AP39 UZ 4646 seized by the 3rd respondent to the petitioner within a period of one week from the date of receipt of the copy of the order.

6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA

Dated: 22.12.2025

Note: Furnish CC today

B/o.

MSI

THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

WRIT PETITION NO: 35571/2025

Dated: 22.12.2025

Note: Furnish CC today

B/o.

MSI