The Andhra Pradesh High Court reaffirms that authorities are required to impose penalties, not seizure, for first-time violations of sand transportation norms as per Clause 6(III)(Q)(i) of G.O.Ms.No.43 Industries and Commerce (Mines-III), Department, dated 08.07.2024; binding precedent for subordinate courts dealing with similar statutory regimes.
Summary
| Category | Data |
|---|---|
| Case Name | WP/24452/2025 of SURVI SHEKHAR Vs THE STATE OF ANDHRA PRADESH |
| CNR | APHC010481512025 |
| Date of Registration | 10-09-2025 |
| Decision Date | 11-09-2025 |
| Disposal Nature | DISPOSED OF NO COSTS |
| Judgment Author | Justice Kiranmayee Mandava |
| Court | High Court of Andhra Pradesh |
| Bench | Single Judge Bench |
| Precedent Value | Binding on subordinate courts in Andhra Pradesh |
| Overrules / Affirms | Follows W.P.No.14271 of 2025 (APHC) |
| Type of Law | Mines and Minor Minerals Regulation; Administrative/Constitutional Law |
| Questions of Law | Whether authorities may seize vehicles for sand transportation violations, or only levy penalties under G.O.Ms.No.43 and A.P. Minor Mineral Concession Rules, 1966. |
| Ratio Decidendi |
The Court held that, in cases of alleged violations involving sand transportation without valid documents, Clause 6(III)(Q)(i) of G.O.Ms.No.43, dated 08.07.2024, prescribes only penalty imposition, not seizure of vehicles. The authorities must levy the penalty as stipulated and release the vehicle upon receipt of payment and ownership proof. The practice of seizing vehicles without following this statutory procedure is impermissible. This approach reinforces the principle that administrative action must strictly adhere to governing statutes and notifications. The Court followed its own earlier precedent in W.P.No.14271 of 2025. |
| Judgments Relied Upon | W.P.No.14271 of 2025 (Andhra Pradesh High Court) |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | Clause 6(III)(Q)(i), G.O.Ms.No.43 Industries and Commerce (Mines-III), Department, dated 08.07.2024 |
| Facts as Summarised by the Court |
Petitioners’ lorries were seized by authorities for alleged illegal sand transportation without valid documents. FIR No.252/2025 was registered under Section 303(2), 318(4) r/w Section 3(5) Bharatiya Nyaya Sanhita, 2023 and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957. Petitioners challenged the seizure, contending only penalties are permitted under the 2024 G.O. and sought release of vehicles. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Andhra Pradesh dealing with sand mining/transportation offences |
| Persuasive For | Other High Courts dealing with similar State G.O.s and statutory regimes |
| Follows | W.P.No.14271 of 2025 (Andhra Pradesh High Court) |
What’s New / What Lawyers Should Note
- Reinforces that for first-time alleged sand transportation violations, authorities must levy the penalty prescribed in G.O.Ms.No.43 (2024), not resort to vehicle seizure.
- Vehicle release is mandatory upon payment of the requisite penalty and production of ownership documents.
- Any deviation from the procedure stipulated in G.O.Ms.No.43 and the A.P. Minor Mineral Concession Rules, 1966, can be promptly challenged.
- Lawyers may cite this as binding authority to contest vehicle seizure in minor minerals/sand transportation matters where the G.O. applies.
Summary of Legal Reasoning
- The Court considered the petitioners’ argument relying on Clause 6(III)(Q)(i) of G.O.Ms.No.43 (2024), which provides for penalties, not seizure, for specific sand transportation violations.
- The petitioners’ contention was supported by precedent in W.P.No.14271 of 2025 (APHC), which was followed.
- The Court held that authorities must pass orders as per Clause 6(III)(Q)(i). Penalty must be levied, and upon payment, the vehicle is to be released to the owner who produces proof of payment and ownership.
- The Court clarified that seizure of vehicles, in absence of following the statutory penalty procedure, is impermissible.
- The decision is rooted in strict statutory interpretation and adherence to the current governmental notification (G.O.Ms.No.43, 2024).
Arguments by the Parties
Petitioner:
- Authorities’ action in seizing vehicles was illegal and not supported by statutory procedure.
- G.O.Ms.No.43 (2024) mandates only penalty for such violations; no provision for seizure for first-time offences.
- Relied on earlier High Court decision (W.P.No.14271 of 2025) supporting this position.
- Sought directions to release seized vehicles upon penalty payment.
Respondent (State):
- No separate, specific arguments recorded in the judgment beyond reference to the applicable G.O. and rules.
Factual Background
- Petitioners’ lorries were seized on 05.09.2025 by the police for allegedly transporting sand without valid documents.
- FIR No.252/2025 was registered under Section 303(2), 318(4) r/w Section 3(5) Bharatiya Nyaya Sanhita, 2023 and Section 21(1) Mines and Minerals (Development and Regulation) Act, 1957.
- Petitioners challenged the action, contending it was contrary to procedural requirements under the relevant rules and G.O. (2024).
Statutory Analysis
- G.O.Ms.No.43 Industries and Commerce (Mines-III), Department, dated 08.07.2024: Clause 6(III)(Q)(i) prescribes that, for first-time violations relating to sand transportation without valid waybill or invoice, the penalty must be levied according to vehicle type and not by seizure.
- A.P. Minor Mineral Concession Rules, 1966: Rules set out procedures for dealing with offences under the Act, which the Court referred to in reinforcing the primacy of the penalty regime over seizure in the particular circumstances.
- Mines and Minerals (Development and Regulation) Act, 1957: Invoked in FIR but statutory procedure governed by latest G.O. and concession rules.
Alert Indicators
- ✔ Precedent Followed – Decision applies and reaffirms the precedent set in W.P.No.14271 of 2025 concerning the practical application of the penalty-over-seizure regime in the context of sand mining/transportation violations under G.O.Ms.No.43 (2024).