A. Mines and Minerals (Development and Regulation) Act, 1957 — Section 21(1);
Andhra Pradesh Minor Mineral Concession Rules, 1966 — Procedure for seizure — Scope and applicability.
— Action of the police authorities in seizing lorries of the petitioners in connection with FIR No.93 of 2025 alleging transportation of sand without valid documents — Held, seizure effected without following the procedure prescribed under the A.P. Minor Mineral Concession Rules, 1966 — Not sustainable.
— Authorities competent to act only in accordance with G.O.Ms.No.43, Industries & Commerce (Mines-III) Department, dated 08.07.2024, which specifies penalties for offences of unauthorized transportation of sand — No power to seize vehicles conferred under the said G.O. — Only penalty can be levied as prescribed.
B. G.O.Ms.No.43, Industries & Commerce (Mines-III) Department, dated 08.07.2024 — Clause 6(III)(Q)(i) — Interpretation.
— Provides for imposition of penalties for transportation of sand without valid way bill/invoice and other related offences — Specifies graded penalties depending on vehicle type and frequency of offence —
Held, the said G.O. forms a comprehensive code regarding penalties — Vehicle seizure not contemplated thereunder.
C. FIR — Registration under Bharatiya Nyaya Sanhita, 2023, Sections 303(2), 318(4) r/w 3(5) — Along with Section 21(1) of the MMDR Act, 1957 — Effect.
— Registration of FIR by itself does not empower police authorities to seize vehicles where specific statutory procedure is prescribed under Mines Rules and departmental Government Orders — Remedy of the State is to impose penalty as per G.O.Ms.No.43 — Vehicles liable to be released on compliance with penalty procedure.
D. Writ Jurisdiction — Article 226 of the Constitution of India — Illegal seizure — Release of vehicles — Directions.
— Writ petition disposed of following earlier decision of this Court in W.P.No.14271 of 2025, dated 17.06.2025 —
Respondent authorities directed to pass orders for levy of penalty, if any, strictly in terms of Clause 6(III)(Q)(i) of G.O.Ms.No.43 —
— Upon payment of such penalty and production of proof of ownership, the seized vehicles to be released by the 3rd respondent —
No order as to costs.
E. Precedent Followed:
W.P.No.14271 of 2025, dated 17.06.2025 — Applied.
Result:
Writ Petition disposed of. Directions issued for levy and payment of penalty; on such payment, vehicles to be released. No costs.
APHC010540872025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
[0]
FRIDAY,THE TENTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION NO: 28043/2025
Between:
1. MALLEMPATI SURESH, S/O. RAGHUPATHI, AGED 44 YEARS, R/O.
10-6- 147/4, RTC COLONY, ROAD NO.2, KHANAURAM HAVELI
URBAN, KHAMMAM, STATE OF TELANGANA.
2. . DONDAPATI PURNAIAH, , S/O. DASARADHA RAMAIAH, AGED 35
YEARS, R/O. D. NO. 4-225/A, NEAR KMR HOSPITAL, NANDIGAMA,
NTR DISTRICT, ANDHRA PRADESH.
3. CHALAMALLA KRISHNAVENI,, W/O. VENKATESWARA RAO, AGED
48 YEARS, R/O. H. NO. 15-7-R00015, ROTARY NAGAR,
KHANAURAM HAVELI URBAN, KHAMMAM, STATE OF
TELANGANA.
...PETITIONER(S)
AND
1. THE STATE OF AP, REP. BY ITS. PRINCIPAL SECRETARY, MINES
AND GEOLOGY DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT.
2. THE TAHSILDAR, JEELUGUMILLI MANDAL, ELURU DISTRICT,
ANDHRA PRADESH.
3. THE STATION HOUSE OFFICER, , JEELUGUMILLI POLICE
STATION, ELURU DISTRICT, ANDHRA PRADESH.
...RESPONDENT(S):
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W.P.No.28043 of 2025
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Counsel for the Petitioner(S):
1.V SAI KUMAR
Counsel for the Respondent(S):
1.GP FOR HOME
2.GP FOR REVENUE
3.GP FOR MINES AND GEOLOGY
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W.P.No.28043 of 2025
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The Court made the following ORDER:
The writ petition is filed challenging the action of the respondents in
seizing the Lorries bearing Nos.TG 04 T 3663, AP 39 UX 4554, TS 04 UE
2565 and TS 04 UE 6696 belonging to the petitioners, in connection with
FIR No.93 of 2025, without following the procedure under the Andhra
Pradesh Minor Mineral Concession Rules, 1966.
2. Heard Sri Chetan, learned counsel representing
Sri V.Sai Kumar, learned counsel for the petitioners and learned
Government Pleader for Mines and Geology appearing for the respondents
3. With the consent of both the parties, the writ petition is disposed of at
the stage of admission.
4. Learned counsel for the petitioners contends that the petitioners have
been using the subject vehicles for transportation purposes only. On
07.10.2025, the 3rd respondent herein seized the vehicles alleging that the
petitioners have been transporting sand without valid documents.
5. Learned counsel for the petitioners submits that the 3rd respondent
has illegally seized the vehicles of the petitioners and registered FIR No.93
of 2025 under Sections 303(2), 318(4) r/w Section 3(5) Bharatiya Nyaya
Sanhita, 2023 and 21(1) Mines and Minerals (Development and
Regulation) Act, 1957. Hence, he prays the Court to direct the respondents
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to release the vehicles. In support of his contentions, the learned counsel
for the petitioners relies on a decision of this Court in W.P.No.14271 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.43 dated 08.07.2024.
6. The relevant clauses of Clause 6(III)(Q)(i) of the said G.O.Ms.No.43
Industries and Commerce (Mines-III), Department, dated 08.07.2024, 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;
Vehicle Type First Time (In Rs.) Second Time (In Rs.)
Tractor Upto 10,000/- Rs.10,001/- to 20,000/-
Lorry fitted with upto 10
tires capacity Upto 25,000/- Rs.25,001/- to 50,000/-
Lorry fitted with above
10 tires Upto 50,000/-
Rs.50,001/- to
1,00,000/-
Machinery Upto 50,000/-
Rs.50,001/- to
1,00,000/-
Thus, he argues that the authorities cannot seize the vehicle for any
alleged violations, they could, at the best levy only penalties.
7. Considering the submissions of both the learned counsel and upon
perusing the material on record, the Writ Petition is disposed of in terms of
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the order passed in W.P.No.14271 of 2025, dated 17.06.2025 directing the
respondent authorities to pass appropriate orders in terms of clause
6(III)(Q)(i), of G.O.Ms.No.43 Industries and Commerce (Mines-III),
Department, dated 08.07.2024, for levying penalty, if any. After the levy of
penalty, and on payment of such penalty, the seized vehicles shall be
released by the 3rd respondent on producing the receipt of such payment
and ownership documents of the vehicles to the satisfaction of the 3rd
respondent. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand
closed.
____________________________________
JUSTICE MAHESWARA RAO KUNCHEAM
Dated: 10.10.2025
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W.P.No.28043 of 2025
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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION NO: 28043/2025
Dated: 10.10.2025
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