Andhra Pradesh High Court - Amravati
Kommareddy Ajay Kumar vs State Of Gujarat on 17 February, 2026
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APHC010083812026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3504]
(Special Original Jurisdiction)
TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION NO: 4610/2026
Between:
1. KOMMAREDDY AJAY KUMAR,, S/O. SATYANARAYANA VARA
PRASAD, AGED ABOUT 53 YEARS, R/O. D. NO. 10-244, SRI NAGAR
COLONY, YERRABALEM, MANGALAGIRI, GUNTUR DISTRICT,
ANDHRA PRADESH.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS. PRINCIPAL
SECRETARY, MINES AND GEOLOGY DEPARTMENT,
SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT,
ANDHRA PRADESH-522237.
2. THE DISTRICT MINES AND GEOLOGY OFFICER, GUNTUR
DISTRICT, GUNTUR-522502.
3. THE STATION HOUSE OFFICER, MANGALAGIRI TOWN POLICE
STATION, GUNTUR DISTRICT, ANDHRA PRADESH-522503.
...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 pleased to issue a Writ, Order or Direction more particularly one in
the nature of Writ of Mandamus declaring the action of respondents in seizing
the Tipper Lorry bearing No. AP 01 Y 6264 of the petitioner without following
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any procedure under statutes as illegal, arbitrary and violative of the
procedure contemplated under the A.P. Minor Mineral Concession Rules, 196
6 and provisions of the Mines and Minerals (Development and Regulation)
Act, 1957., and the rules made there under apart from being violation of Article
14,19(1)(g) and 300-A of Constitution of India and consequently direct the
respondents to release the vehicle of the petitioner from their custody and
pass
IA NO: 1 OF 2026
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 respondents to grant interim custody the Tipper Lorry
bearing No. AP 01 Y 6264 of the petitioner, pending disposal of the above
writ petition and pass
Counsel for the Petitioner:
1. CHETAN PONNURU
Counsel for the Respondent(S):
1. GP FOR HOME
2. GP FOR MINES AND GEOLOGY
The Court made the following:
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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION NO: 4610/2026
ORDER:-
The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking the following main prayer:
"to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in seizing the Tipper Lorry bearing No AP 01 Y 6264 of the petitioner without following any procedure under statutes as illegal arbitrary and violative of the procedure contemplated under the A.P.Minor Mineral Concession Rules 1966 and provisions of the Mines and Minerals (Development and Regulation) Act, 1957 and the rules made there under apart from being violation of Article 14 19(1)(g) and 300-A of Constitution of India and consequently direct the respondents to release the vehicle of the petitioner from their custody and pass"
2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology appearing for the respondents.
3. Learned counsel for the petitioner submits that the petitioner's vehicle was seized by the 3rd respondent 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 4 of the vehicle, and he relies on the decision of this Court passed in W.P.No.1570 of 2026 dated 20.01.2026.
4. Learned Assistant Government Pleader for Mines and Geology appearing for the respondents did not refute the submission made by the learned counsel for the petitioner since the issue involved in this writ petition is squarely covered by an earlier decision of this Court.
5. Considering the submissions made and with the consent of learned counsel for both the parties, this Court is inclined to dispose of the writ petition at the stage of admission.
6. In addition, the Hon'ble Supreme Court, in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat 1 , in its expression held that merely keeping vehicles would not serve any fruitful purpose.
7. Apart from the above, it has been brought to the notice of this Court by the respective counsel that similar orders have been passed in identical matters. Thus, this Court is inclined to pass a similar order.
8. Accordingly, by following the aforesaid judgments, the writ petition is disposed of, directing the 3rd respondent 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 1 2002 (10) SCC 283 5 the Tipper Lorry bearing No AP 01 Y 6264 seized by the 3rd respondent to the petitioner within a period of one (01) week from the date of receipt of the copy of this order. There shall be no order as to costs.
Miscellaneous petitions, if any, in this writ petition shall stand closed.
____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 17.02.2026 SDP 6 22 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 4610/2026 17.02.2026 W SDP