IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 12328 OF 2025 Between: Sudharma Infratech PVT LTD, Rep by its Managing Director, R.V.V.Sudhakar, S/o Balaramanna, Aged 59 years, 10-1-21/A, F-2, 4th Floor, Vinayagar Krishna, Beside GVMC, Asilmetta, Visakhapatnam. ...PETITIONER AND 1. The State Of Andhra Pradesh, Rep by its Principal Secretary, Industries and Commerce (Mines)Department, Secretariat Buildings,Velagapudi , Amaravathi, Guntur District. 2. The Commissioner and Director of Mines and Geology,, 5th and 6th Floors, Sri Anjaneya Towers, Ibrahimpatnam, Krishna District. 3. The District Mines and Geology officer(DMGO)„ Amalapuram, AIMS College, Mummidivaram, DR BR Ambedkar Konaseema District. ...RESPONDENTS 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 issue a writ or order or direction with more particular in the nature of WRIT OF MANDAMUS declaring the Demand Notice No.07A'G/2023, dated 11-09-2023, without considering the explanation submitted by Petitioner on 11.07.2023, as arbitrary, illegal, in violation of Principles of Natural justice and contrary to A.P. Minor Mineral Concession Rules, 1966 r/w Mines and Minerals (D and R) Act, 1957, as well as guidelines issued by the 2nd Respondent in circular memo No, 40454/R3- 1/2011, dated 08-02-2012 and to set aside the same. lA NO: 1 OF 2025 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 suspend the Demand Notice No. 07/VG/2023, dated 11-09-2023, issued by 3rd Respondent, pending disposal of the above writ petition. Counsel for the Petitioner(s): SRI. BALAJl MEDAMALLI Counsel for the Respondent Nos.1 to 3: GP FOR MINES AND GEOLOGY The Court made the following: ORDER APHC010240272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE EIGHTH DAY OF A/IAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 12328 of 2025 Between: Sudharma Infratech Pvt Ltd ...Petitioner AND The State of Andhra Pradesh and others Counsel for the Petitioner: Counsel for the Respondents: The Court made the following order: Heard Sri Balaji Medamalli, learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology appearing for the respondents. ...Respondents Balaji Medamalli GP for Mines and Geology 2. The instant writ petition is filed challenging the proceedings dated 11.09.2023, raising a demand of Rs 10,31,747/-, without considering the explanation submitted by the petitioner on 11.07.2023, Learned counsel for the petitioner submits that the 3'*^ respondent issued a Demand Notice dated 11.09.2023, alleging that the petitioner is liable to pay the normal seigniorage fee along with penalty at the rate of 5 times of seigniorage fee. 3. It is stated that the petitioner has submitted a detailed explanation on 11.07.2023 to the show cause notice dated 07.07.2023. However, the 3''^ respondent did not consider the explanation submitted by the petitioner. It is further stated that a joint survey and inspection was conducted by the Revenue Department and Mines Department without issuing any prior notice to the petitioner. Learned Government Pleader for Mines and Geology, appearing for the respondents, submits that the petitioner excavated and transported 1858 cubic meters of gravel without a valid transit permit and misused the dispatch permits. 4. The learned counsel for the petitioner submits that they have not done any business beyond the permitted limits and the records of the respondents would speak of the same. It is further argued that the system adopted for issuance of transit passes is a foolproof method and the GPS-enabled the 5. transit passes, misuse of transit passes would not arise. He further contends that the petitoners have exited from the subject quarry areas and the subject extent of mine is not in possession of the petitioner. The show-cause notice dated 07.07.2023 was issued after the said exit. It is further contended that issuing and serving the show-cause notice after exit of the petitioner from the area is quite onerous. He submits that, however, the petitioner is willing to pay the normal seigniorage fee and prays for the setting aside of the impugned proceedings. The learned counsel further placed a reliance on the decision of this Court in W.P.No.5915 of 2016. 6. From a perusal of the impugned order, inspection was conducted it would appear that the joint on 31.05.2023, after the alleged exit of the petitioner from the subject area. The explanation of the petitioner was not considered in the right perspective. In the facts of the that if the department comes to the conclusion that the case it would appear petitioner is required to submit documentary proof in support of their explanation, the principles of natural Justice woulddemand that the authority, exercising quasi-judicial Jurisdiction, put the petitioner on notice before rejecting the explanation of the petitioner, for non submission of documentary evidence. Nevertheless, in the circumstances of the instant case a careful perusal of their own record would otherwise disclose the facts, which the respondent did appropriate. not consider as 7. In view of the foregoing, the impugned order is set aside. The matter i: remanded to the 3^" respondent for fresh consideration in accordance with law, after affording due opportunity of hearing to the petitioner. IS 8. Accordingly. The Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, if any pending, shall also stand Sd/- KJ.RAJA BABU assistant registrar //TRUE COPY// To, SECTION OFFICER Commerce (Mines)Department ecretariat Buildings.Velagapudi, Amaravathi. Guntur District ^ 4. One CC to Sri. Balaji medamalli Advocate [OPUC] Pra°dSS^ [OUTS’ Geology .High Court Of Andhra 6. THREE CD Copies AL HIGH COURT DATED:08/05/2025 ORDER WP.No.12328 of 2025 ^^ANDS^ g 23 MAY 2025 ^ . Current Section ’*JsS?SPATCVt*2'^ DISPOSING OF THE W.P. WITHOUT COSTS