ANDHRA PRADESH HIGH COURT ISSUES ORDER ON GORNATLA SUBBA RAO V/S THE STATE OF ANDHRA PRADESH AND ORS.

AMARAVATI, India, May 21 -- Andhra Pradesh High Court issued the following order on April 20:

1. This writ petition under Article 226 of the Constitution of India is filed for the following relief: "declaring the action of respondents in seizing the Tipper Lorry bearing No.AP 39 WJ 2827 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"

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 of the vehicle, and he relies on the decision of this Court passed in W.P.No.9858 of 2026 dated 10.04.2026.

4. On the other hand, learned Assistant Government Pleader for Mines and Geology appearing for the respondents, did not refute the submission made by the learned counsel for the petitioners since the issue involved in this writ petition is squarely covered by an earlier decision of this Court.

5. It is appropriate to extract the relevant Sub-Rule (3)(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966:-

"For the sub-rule 3(iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules,1966: If the Driver of owner of the vehicle fails to produce a valid transit permit issued by the concerned Assistant Director of Mines and Geology or an officer authorized by the Director of Mines and Geology, the officer in charge of the check post or barrier or during the interception of the movement of the vehicle, may require the Driver or the owner of the vehicle to pay five times of the normal Seigniorage fee as penalty in addition to the normal Seigniorage fee along with DMF and MERIT amounts for the quantity not covered under the transmit permit."

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63KvzKiJaJTPUloF4UPxrqtPZciIfi60KQ1CW8xSbIEGrdv&caseno=WP/10593/2026&cCode=1&cino=APHC010212442026&state_code=2&appFlag=)

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