APHC010344032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY SECOND DAY OF JUL§J TWO THOUSAND AND TWENTY FIVE X A PRESENT HONOURABLE SMT JUSTICE KIRANMAYEE MA^ WRIT PETITION NO: 17436 OF 207fi / 0 Between: M/s. Albasri Trading Company, SF No.24/1A, Chinnapolamada Gram Panchayat Tadipatri, Ananthapuramu District, Represented by its Proprietor Bavaji Imambee Andhra Pradesh - 515411 ...PETITIONER AND 1. State of Andhra Pradesh, Represented by (Mines) Industries and Commerce Department, Velagapudi, Amaravathi Andhra Pradesh 2. The Director of Mines and Geology, Ibrahimpatnam District, Andhra Pradesh 3. The Divisional Mines and Geology Officer, Tadipathri District 4. The Assistant Directo/ of Mines Squad, Kurnool 5. The District Mines and Geology Officer, Ananthapuramu District ...RESPONDENTS praying that in the the High Court may be or direction more particularly one in the nature its Principal Secretary, Secretariat Buildings Vijayawada, NTR Ananthapuramu and Geology, Regional Vigilance Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith pleased to issue a writ, order of the writ of MANDAMUS declaring that the Revised Demand Notice No. 394/MDL/2019 dated 25.06.2025 issued by the Respondent No.3 thereby levying and demanding a Penalty of Rs. 10,27,161/- (Rupees Ten Lakhs Twenty Seven Thousand One Hundred Sixty One Only) purportedly under Rule 26 of the AP Minor Mineral Concession Rules, 1966 (as amended till date) without issuing any notice directing the Petitioner herein to show- herein cause to the demand, as sheer arbitrary, unjust, without jurisdiction besides being violative of Principles of Natural Justice and contrary to the Mines and Minerals (Development and Regulation) Act, 1957, AP Minor Mineral Concession Rules, 1966, AP Mineral Dealer Rules, 2017, rights of the Petitioner guaranteed under Articles 14, 19(1)g and 300A of the Constitution of India, and consequently 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 impugned Revised Demand Notice No.394yMDL/2019 dated 25.06.2025 issued by the Respondent No.3 herein, Counsel for the Petitioner: M/s. CKR ASSOCIATES Counsel for the Respondent Nos.1 to 5: GP FOR MINES AND GEOLOGY The Court made the following order: APHC010344032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17436 OF 2025 Between: 1.M/S.ALBASRI TRADING COMPANY, SF CHINNAPOLAMADA GRAM PANCHAYAT ANANTHAPURAMU DISTRICT, ANDHRA PRADESH REPRESENTED BY ITS PROPRIETOR BAVAJI IMAMBEE NO. 24/1A, TADIPATRI, 515411 ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT, AMARAVATHI ANDHRA PRADESH (MINES) INDUSTRIES AND COMMERCE SECRETARIAT BUILDINGS VELAGAPUDI, 2.THE DIRECTOR OF MINES AND GEOLOGY, IBRAHIMPATNAM, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH 3.THE DIVISIONAL MINES AND GEOLOGY OFFICER, TADIPATHRI, ANANTHAPURAMU DISTRICT 4.THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, REGIONAL VIGILANCESQUAD, KURNOOL 5.THE DISTRICT MINES AND GEOLOGY OFFICER, ANANTHAPURAMU DISTRICT ...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 2 pleased tomay be pleased to issue a writ, order or direction more particularly one in the nature of the writ of MANDAMUS declaring that the Revised Demand Notice No. 394/MDL/2019 dated 25.06.2025 issued by the Respondent No.3 herein thereby levying and demanding ^ Rs.10,27,161/- (Rupees Ten Lakhs Twenty Seven Thousand One Sixty One Only) purportedly under Rule 26 of Concession Rules, 1966 (as amended till date) directing the Petitioner herein to show- a Penalty of j Hundred the AP Minor Mineral without issuing any notice cause to the demand, as sheer arbitrary, unjust, without jurisdiction besides being violative of Principles of Natural Justice and contrary to the Mines and Minerals (Development and Regulation) Act, 1957, AP Minor Mineral Concession Rules, 1966, AP Mineral Dealer Rules, 2017, rights of the Petitioner guaranteed under Articles 14, 19(1)g and 300A of the Constitution of India, and consequently set aside the same and/or pass 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 Counsel for the Petitioner: 1.CKR ASSOCIATES Counsel for the Respondent{S): 1 .GP FOR MINES AND GEOLOGY f 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17436 OF 2025 The Court made the following: The writ petition is filed aggrieved by the order of the 3'^'^ respondent, revising the demand vide the proceedings dated 25.06.2025, under the provisions of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules 1966. Heard Sri Shaik Md. Umar Abdullah, learned counsel for the petitioner 2. and Smt. Sudeepthi Potiuri, learned Assistant Government Pleader for Mines and Geology appearing for the respondents. It is contended that the petitioner is a proprietor concern. A statement 3. was recorded on 12.05.2025 from the husband of the proprietrix of the petitioner. Based on the said statement, a notice dated 22.05.2025 was issued to the petitioner, requiring the petitioner to furnish the original Transit Passes obtained for transporting Black Limestone Slabs, along with the GST and E- Way Bills generated either under GST Number of the petitioner order any other GST of M/s Sri Varasidhi Vinayaka Slabs, for the period from 15.03.2025 to 08.05.2025 within 15 days from the date of receipt of the notice. It is stated that the petitioner submitted a reply to the said notice on 02.06.2025, stating that B2 Transit Forms had already been submitted at the time of inspection at Kurnool on 12.05.2025 and that no Transit Passes were available with them. However, despite the said explanation, the 3'"'^ respondent passed the impugned proceedings dated 25.06.2025, revising the demand 4. 4 and directing the petitioner to pay a sum of Rs. 10,27,161/- towards normal seigniorage fee, penalty, DMF, etc. Aggrieved by the said proceedings, the present writ petition is filed. 5. Learned counsel for the petitioner contends that the impugned demand has been raised without issuing a show-cause notice to the petitioner. The petitioner submitted an explanation to the notice dated 22.05.2025, the said notice required the petitioner to furnish certain documents as mentioned therein. After submission of the reply, if any further action was contemplated, the respondent ought to have issued a specific notice affording an opportunity of hearing to the petitioner. However, the impugned order was passed without such opportunity, which is in violation of the principles of natural justice. 6. Ms. Sudeepthi Potiuri, learned Assistant Government Pleader for Mines and Geology, on instructions, submits that an enquiry was conducted at the MDL unit on 12.05.2025. Pursuant to this inspection, the statement of the husband of the proprietrix of the petitioner was recorded and he has admitted the irregularities however, the same were said to have been committed by a clerk without the knowledge of the petitioner. On the basis of the said admission by the petitioner it was found that the petitioner was engaged in unauthorized transporting of black granite. 7. Considered the rival submissions. 8. Learned Assistant Government Pleader for Mines and Geology has placed before this Court a copy of the statement said to have been recorded 5 during the inspection on 12.05.2025. A perusal of the same reveals that the statement was given by the husband of proprietrix of the petitioner concern. Based on such a statement, the liability has been fastened on the petitioner. 9. Having regard to the same, this Court deems it appropriate to remand the matter to the 3”^^ respondent for fresh consideration. The 3'^'^ respondent shall issue a show-cause notice to the petitioner, on the alleged irregularities and after affording an opportunity of hearing, shall pass appropriate orders in accordance with law. Needless to mention, the entire exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. The impugned order is accordingly set aside. 10. With the above observation, the Writ Petition is disposed of. As a sequel, rniscellaneous applications pending, if any, shall stand closed. Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// SE N OFFJCER To, 1. The Principal Secretary (Mines) Industries and Commerce Department, State of Andhra Pradesh Amaravathi Andhra Pradesh The Director of Mines and Geology, Ibrahimpatnam, Vijayawada, NTR District, Andhra Pradesh The Divisional Mines and Geology Officer, Tadipathri, Ananthapuramu District The Assistant Director of Mines and Geology, Regional Vigilance Squad, Kurnool The District Mines and Geology Officer, Ananthapuramu District One CC to M/s. CKR Associates, Advocate [OPUC] Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh [OUT] Two CD Copies. Secretariat Buildings Velagapudi, 2. 3. 4. 5. 6. 7. 8. ssb y <£% HIGH COURT \ DATE0:22/07/2025 ORDER WP No.17436 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS