APHC010161352025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8521 Between: ANI Mines And Minerals The State of Andhra Pradesh and Counsel for the Petitioner: Counsel for the Respondent The Court made the following order: Heard Sri N.Ravi Prasad Assistant Government Pleader for Mines and Geology appearing respondents. 2. The writ petition is filed issuing show cause notice sought for issuance of dispatch permits for excavated minerals as per application dated 06.05.2024. 3. Learned counsel for the petitioner contends that the petitioner has submitted an application seeking dispatch permits. However, the said application was not considered on the ground that a show cause notice proposing levy of penalty IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8521 of 2025 AND Andhra Pradesh and others ... Counsel for the Petitioner: N Ravi Prasad Counsel for the Respondents: GP for Mines and Geology The Court made the following order: N.Ravi Prasad, learned counsel for the petitioner Assistant Government Pleader for Mines and Geology appearing respondents. The writ petition is filed challenging the action of the 3 issuing show cause notice No.3293/M/2018 dated 20.09.2024, sought for issuance of dispatch permits for excavated minerals as per application dated 06.05.2024. Learned counsel for the petitioner contends that the petitioner has an application seeking dispatch permits. However, the said application was not considered on the ground that a show cause notice proposing levy of penalty has been issued to the petitioner. IN THE HIGH COURT OF ANDHRA PRADESH [3458] THE TWENTY SECOND DAY OF APRIL THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA ...Petitioner ...Respondents N Ravi Prasad GP for Mines and Geology petitioner and learned Assistant Government Pleader for Mines and Geology appearing for the rd respondent in dated 20.09.2024, consequently sought for issuance of dispatch permits for excavated minerals as per Learned counsel for the petitioner contends that the petitioner has an application seeking dispatch permits. However, the said application was not considered on the ground that a show cause notice 2 4. It is stated that the petitioner has submitted an explanation to the said show cause notice. However, no final orders have been passed and dispatch permits have also not been issued to the petitioner. 5. Learned Government Pleader for Mines and Geology appearing for the respondents, contends that the petitioner has to submit its explanation to the show cause notice, however, no such explanation has been filed. The explanation annexed to the writ petition has not been submitted to the department. The show cause notice proposes levy of a penalty of Rs.17,86,99,567/-. Since no explanation was furnished by the petitioner, the department has not passed any final orders pursuant to the show cause notice pending proceedings for levy of penalty, the petitioner cannot seek issuance of dispatch permits. It is contended by the learned counsel for the petitioner that the petitioner also submitted an application seeking supply of the inspection report on 04.03.2025. There has been no response to the same. 6. Considered the rival submissions and upon perusal of the show cause notice, it appears that the department has formed a prima facie opinion that the petitioner has dispatched mineral without obtaining dispatch permits to an extent of 2,70,511 metric tons. The department has thus proposed imposition of a penalty at five times the normal rate under Rule 34(1) of the Andhra Pradesh Minor Mineral Concession Rules, 1966. However, final orders have not yet been passed pursuant to the said show cause notice. 3 7. The show cause notice was issued by the District Mines and Geology Officer, SPSR Nellore. However, the said officer has not been made as a party respondent to the present writ petition. 8. Having regard to the same, this Court suo-motu impleads the District Mines and Geology officer as respondent No.4 in the writ petition. Registry is directed to carry out necessary amendments in the cause title accordingly. 9. In light of the facts and circumstances of the case, this Court deems it appropriate to direct the impleaded respondent No.4 to pass final orders and dispose of the proceedings pursuant to the Show Cause Notice No.3293/M/2018, dated 20.09.2024, within a period of six months from the date of receipt of a copy of this order, after giving due opportunity of hearing to the petitioner. 10. Learned counsel for the petitioner further submits that the petitioner will be submitting a detailed explanation to the show cause notice. Upon filing of the same, respondent No.4 is directed to receive and consider the explanation submitted by the petitioner and pass appropriate orders within the above mentioned period. Thereafter, the application filed by the petitioner for issuance of dispatch permits shall be considered in accordance with law. 11. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 4 As a sequel, all pending miscellaneous applications shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 22.04.2025 BSK 5 147 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8521 of 2025 Date: 22.04.2025 BSK