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Page 1 Tuesday, January 18, 2022

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2022 SCC OnLine AP 75

In the High Court of Andhra Pradesh

(BEFORE K. MANMADHA RAO, J.)

Venkatalakshmi Lorry and Earth Movers

Versus
State of Andhra Pradesh
Writ Petition No. 1117 of 2022
Decided on January 12, 2022
The Order of the Court was delivered by
K. MANMADHA RAO, J.:— The petitioner seeks writ of mandamus declaring the
action of the 3rd respondent in seizing the vehicle i.e., Hydraulic Excavator @ R210
Machine Serial No. N633D03069(Hyundai-210) of the petitioner without following the
procedure contemplated under law as illegal and for consequential direction to the 3nd
respondent to release the vehicle.
2. Petitioner's case succinctly is thus:
(a) Petitioner is the owner of the vehicle i.e., Hydraulic Excavator @ R210
Machine Serial No. N633D03069(Hyundai-210). On 04.01.2022 the vehicle of the
petitioner was seized by the 3rd respondent alleging excavation of gravel without
valid permission in Sy. No. 578/1 to an extent of Ac.1.80 cents, held by Smt.
Garapaka Pullama, W/o. Kotaiah, Arugolanu Village, Tadepalligudem Mandal, West
Godavari District.
Hence, the writ petition.
3. Heard learned counsel for the petitioner Sri. B. Jaya Prabhakara Rao and learned
Government Pleader for Mines and Geology representing respondents 1 to 3 and
learned Government Pleader for Revenue appearing for Respondent Nos. 4 and 5.
4. The submission of the learned counsel for the petitioner is that as per Rule 26
(3)(iii) of A.P. Minor Mineral Concession Rules, 1966 (for short ‘APMMC Rules”), Mining
Authorities are empowered to collect seigniorage fee and penalty but they have no
authority to seize the vehicle. He thus prayed to direct the respondents to release the
vehicle.
5. Learned Government Pleader for Mines and Geology would submit that the issue
involved in this Writ Petition is covered by the order passed in W.P. No. 10954 of 2021
and requested that this Writ Petition may be disposed of accordingly.
6. Accordingly, this writ petition is allowed and taking into the financial status of
the petitioner, the following order is passed:
(i) The respondent authorities shall give interim custody of the vehicle i.e.,
Hydraulic Excavator @ R210 Machine Serial No. N633D03069(Hyundai-210) to
the petitioner upon his furnishing a personal bond for Rs. 2,00,000/- and
producing proof in support of his ownership of the vehicle;
(ii) The petitioner shall give an undertaking to produce the vehicle as and when
required either by the authority concerned or Court or the Investigating Agency
and also give an undertaking that he will not alienate, encumber or alter the
physical features of the vehicle.
7. Registry is directed to attach copy of the order in W.P. No. 10954 of 2021 to this
order.
8. Consequently, miscellaneous applications pending, if any, shall stand closed.
———
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Page 2 Tuesday, January 18, 2022
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