Andhra Pradesh High Court

WP/33346/2025 of BHUKYA BALAJI Vs THE STATE OF ANDHRA PRADESH on 2 December 2025

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HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: Between: 1. BHUKYA BALAJI, S/O.BHUKYA RAJU, AGED ABOUT 44 YEARS, OCC OWNER OF LORRY, R/O.H.NO.8 PANGIDIGUDEM, DWARAKATIRUMALA MANDAL,

APHC010645742025

IN THE H

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WEDNESDAY

TWO TH

THE HONOURABLE

WRIT P

Between:

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1. BHUKYA BALAJI, S/ OCC OWNER O PANGIDIGUDEM, DW

2. PRATTIPATI PEDDIR YEARS. OWNER O VILLAGE, 4TH WARD

1. THE STATE OF AN SECRETARY,

M SECRETARIAT BUILD DISTRICT-522237.

2. THE DISTRICT MINE DISTRICT.

3. THE STATION HOUS ELURU DISTRICT.

4. THE TAHSILDAR, BH

Counsel for the Petitioner

1. B JAYA PRABHAKAR HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Y, THE THIRD DAY OF DECEMBER HOUSAND AND TWENTY FIVE PRESENT E SMT JUSTICE KIRANMAYEE MANDA PETITION NO: 33346 OF 2025 /O.BHUKYA RAJU, AGED ABOUT 44 OF LORRY, R/O.H.NO.8-59, S.T WARAKATIRUMALA MANDAL, ELURU - RAJU, S/O. BABU RAO, AGED A OF LORRY R/O.H.NO.1-82, MUPP D, DENDULURU MANDAL, ELURU - 534 ...PETIT AND NDHRA PRADESH, REP. BY ITS P MINES AND GEOLOGY DEPA DINGS VELAGAPUDI, AMARAVATHI, ES AND GEOLOGY OFFICER, ELURU SE OFFICER, BHIMADOLE POLICE HIMADOLE MANDAL, ELURU DISTRICT ...RESPON r(S): RA RAO

AVA 4 YEARS, T. PETA,

- 534425. BOUT 42 PAVARAM 4425. TIONER(S) PRINCIPAL ARTMENT, GUNTUR U, ELURU STATION, T. NDENT(S):

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:

The writ petition is filed challenging the action of the 3rd respondent in seizing the Lorry bearing No.AP 39 WG 0414 of the 1st petitioner and Lorry bearing No.AP 27 UB 7178 of the 2nd petitioner without following the relevant procedure established by law under APMMC Rules, 1966.

2. Heard Sri B.Jaya Prabhakara Rao, learned counsel for the petitioners Smt. Sudeepthi Potluri, learned Assistant Government Pleader for Mines and Geology and learned Assistant Government Pleader for Home appearing for the respondents.

3. Learned counsel for the petitioners submits that the petitioners vehicle were 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. He further submits that a direction may be given to the respondent authorities to pass appropriate orders for the release of the vehicles and he 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 and learned Assistant Government Pleader for Home 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 2nd & 3rd 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 Nos.AP 39 WG 0414 and AP 27 UB 7178 seized by the respondents to the petitioners 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, all pending miscellaneous applications shall stand closed.

_____________________________ JUSTICE KIRANMAYEE MANDAVA Date: 03.12.2025 BSK

THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

WRIT PETITION NO: 33346 OF 2025

Date: 03.12.2025 BSK

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