Andhra Pradesh High Court – Amravati
Kesamsetti Surendra vs The State Of Ap on 12 March, 2025
1
APHC010122742025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3459]
(Special Original Jurisdiction)
WEDNESDAY ,THE TWELFTH DAY OF MARCH
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
WRIT PETITION NO: 6160/2025
Between:
Kesamsetti Surendra and Others ...PETITIONER(S)
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. B JAYA PRABHAKARA RAO
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:
This Writ Petition is filed under Article 226 of the Constitution of India,
seeking the following relief:
“to issue an appropriate order or direction more particularly one in the
nature of Writ of Mandamus declaring the action of the 3rd Respondent in
seizing the Tractor bearing No.AP07TG0992 its Trailer No.AP07TG0993 of
the 1st Petitioner, Tractor bearing No.AP07TH7957 and its Trailer
No.AP07TM2196 of the 2nd Petitioner, Tractor bearing No.AP39US7507
and its Trailer No.AP07TH4398 of the 3rd Petitioner, Tractor bearing No.
AP39UE7347 and its Trailer No.AP39TD0763 of the 4th Petitioner, Tractor
2bearing No.AP39TY6020 and its Trailer No.AP07TG4860 of 5th the
Petitioner, Tractor bearing No.AP39TV3062 and its Trailer
No.AP07TG5286 of the 6th Petitioner, Tractor bearing No.AP39UX4465
and its Trailer No.AP39VF1942 of the 7th Petitioner, Tractor bearing No.
AP39UT5510 of the 8th Petitioner, and its Trailer No.AP07TE3787 of the
9th Petitioner in connection with FIR No.99 of 2025 without following the
procedure known to the law under APMMC Rules, 1966 as illegal,
irregular, arbitrary and contrary to the procedure established by law and
against to the principles of natural justice and violative of fundamental
rights guaranteed under Articles 14, 21 and 19(1)(g) of the Constitution
of India and consequently direct the respondents to release the above
said vehicles of the Petitioners forthwith in the interest of justice and
pass….”
2. Heard both the learned counsel.
3. Learned counsel for the petitioners contends that the petitioners have
been using the subject vehicles for their agriculture and commercial purposes.
When the vehicles were stationed at Krishna River Ramp, Amudarlanka
Village, Challapalii Mandal, the 3rd respondent herein has seized the vehicles
alleging that the petitioners have been transporting sand without valid
documents.
4. Learned counsel for the petitioners submits that the 3rd respondent has
illegally seized the vehicles of the petitioners and kept them at the Police
Station. Hence, he prays the Court to direct the respondents to release the
vehicles. In support his contention, the learned counsel for the petitioners
relies on a decision of this Court in W.P.No.25191 of 2024 and in terms of the
said order requests the Court to dispose of this Writ Petition. He further relied
on G.O.Ms.No.43 dated 08.07.2024.
3
5. The relevant clauses of Clause 6(Q)(iii) of the said G.O.Ms.No.43
Industries and Commerce (Mines-lll), 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 Rs.10.001/- to
Upto 10,000/-
20,000/-
Lorry fitted Rs.25,001/- to
with upto 10 Upto 25,000/- 50,000/-
tires capacity
Lorry fitted Rs.50,001/- to
with above 10 Upto 50,000/- 1,00,000/-
tires
Machinery Rs. 50,001/- to
Upto 50,000/-
1,00,000/-
Thus he argues that the authorities cannot seize the vehicles for any alleged
violations, they could, at the best levy only penalties.
6. Considering the submissions of both the learned counsel and upon
perusing the material on record, the Writ Petition is disposed of directing the
respondent authorities to pass orders in terms of clause 6(lll)(Q)(i) of
G.O.Ms.No.43, Industries and Commerce (Mines-lll), Department, dated
4
08.07.2024, for levying penalty if any. After levy of penalty, and on payment of
such penalty, the seized vehicles shall be released by the 3rd respondent on
production of the receipts of such payments and ownership documents of the
vehicles to the satisfaction of the Station House Officer, Challapalli Police
Station, Krishna District.
7. With the above observation, 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.
______________________
SUMATHI JAGADAM, J
Note: Issue C.C today
12.03.2025
B/o
LSP
5
34
THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
WRIT PETITION NO: 6160/2025
Note: Issue C.C today
12.03.2025
B/o
LSP