APHC010363092025 IN THE HIGH COURT OF ANDHRA at AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY NINETH . TWO THOUSAND AND TWENTY PRESENT the honourable smt justice WRIT petition NO: Ifififift r>ir SMS PRADESH 5 •'.-A > a dayofjulyS FIVE o kiranmayee mandava Between: c“:r«tr r: '' '*•“ Penm.„» c= • ■ director, rNo2t tT'pT" "-'"9 «-9istered ’ ® Yamunothri, A.S.R Nagar West Godavari District. Having Development Project at R.S. Carmel Nagar, Gunadala, Vijayawada-520004, N.T.R. District. Shri Office at Bhimavaram, No 126/1, 123/1 ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Department of Mines and Geology, Amaravati, Guntur District. 2: The Director, Mines and T-104, B-Block, S*'^ Secretary, Secretariat Buildings, Velagapudi Geology Department, Having Office and 6*^ floors, Ibrahimpatnam Post, 3. The District Mines and Geology Officer, at D.No. N.T.R District. Vijayawada, N.T.R District. ...RESPONDENTS praying that in the the High Court may be or direction more particularly in declaring the action of the Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith pleased to issue an appropriate Writ or order the nature of Writ of Mandamus' respondents herein, more particularly the show cause notice vide action of the 3'"' ''®®Ponclent herein in serving the N0t,ce No. 855/Vg/NTR/2024 dated 29/04/2025 and No.855-SLVA/g/Gravel/NTR/2024 the consequent Demand Notice 25/06/2025 through WhatsApp • and further directing the petitioner 52.05,040/- (Rupees Fifty Two ^ allegedly excavating and dated unrecognized Phone No. 9491696354 herein to pay a penalty to the tunes of Rs. Lakhs Five Thousand from an Forty Rupees Only) for for a quantity 9388.6 transporting of Gravel/Soil cums along with Seigniorage Fees illegal, arbitrary, unjust, against the procedure Charges and other applicable taxes established by law, violative Violative Of the Provisions of the Andhra Pradesh Rules, 1966, contrary to the G.O.Ms No.139, (Mines-I) Department, dated 12/11/2013 19, 21 and 300A of consequently set aside the Demand Notice dated 25/06/2025 which directed tunes of Rs. 52,05,040/ Rupees Only). as Principles of Natural Justice Minor Mineral Concession Industries and Commerce violative of Articies 14 of and the Constitution of India No.855-SLVA/g/Gravel/NTR/2024 the petitioner herein to and pay a penalty to the Two Lakhs Five Thousand - (Rupees Fifty- Forty lA NO: 1 OF Petition under Section in the affidavit filed i 151 CPC praying that in the circumstances 'n support of the petition, the High Court stated may be pleased to grant stay all further SLVA/g/Gravel/NTR/2024 proceedings, pursuant to Demand Notice No.855- issued by the 3^^^ dated 25/06/2025 i pending disposal of the above Writ respondent. Petition. Counsel for the Petitioner: Counsel for the Respondent The Court made the following SRI KILARU NITHIN KRISHNA^ Nos.1 to 3: GP FOR MINES AND GEOLOGY order: APHC010363092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] 5 TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 18568 OF 2025 Between: 1.M/S. S.LV. BUILDERS AND DEVELOPERS PRIVATE LIMITED, A REGISTERED COMPANY UNDER THE COMPANIES ACT, 2013, REP BY ITS MANAGING DIRECTOR, SHRI PENMATSA SRINIVASA RAJU, AGED 55 YEARS. HAVING REGISTERED OFFICE AT D.NO.27-17-1, FLAT NO. 501, S.LV YAMUNOTHRI, A.S.R NAGAR, BHIMAVARAM, WEST GODAVARI DISTRICT. DEVELOPMENT PROJECT AT R.S. NO 126/1, 123/1, CARMEL NAGAR, GUNADALA, VIJAYAWADA-520004, N.T.R. DISTRICT. HAVING ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF MINES AND GEOLOGY, SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 2.THE DIRECTOR, MINES AND GEOLOGY DEPARTMENT, HAVING OFFICE AT D.NO. 7-104, B-BLOCK 5TH AND 6TH FLOORS, IBRAHIMPATNAM POST, N.T.R DISTRICT. 3.THE DISTRICT MINES AND GEOLOGY OFFICER, VIJAYAWADA, N.T.R 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 to i the nature of Writ of Mandamus' declaring °he 'n herein, more panicularly the action of the 3^ref respondents Show cause notice vide Notice No. 855A/g/NTR/2oST,®a the consequent Demand Notice No ol w 29/04/2025 25/06/2025 through WhatsApp from an unrecon and further directing the petitioner herein to na^ 696354 52,05,040/- (Rupees Fifty Two Lakhs Five Th ^ ^ P®riaity to the tunes of Rs allegedly excavating and transSlg of G a^elr^/r cums along with Seigniorage Fees charop*. ^ quantity 9388.6 Illegal, arbitrary, unjust, against the orocedi applicable taxes Principles of Natural Justice violative of the ®®’®6lished by law, violative Minor Mineral Concession rTs196? Andhra Pradesh Industries and Commerce (Mines-) Denart ‘° ° ° violative of Articles 14, 19 21 and 12/11/2013 consequently set aside the Demand Notice °n !ia^ ‘Constitution of India and dated 25/06/2025 which directed the petitione°r h ^^'■y^®^°''®''®'"^™2024 lanes of Rs. 52,05.040/- (Rupees FiC 1 !!." ^ th® Rupees Only) and pass ^ ° Lakhs Five Thousand the and as of and Forty jA NO: 1 OF oaoR Petition under Section in the affidavit filed i Pleased to No.855- respondent, 151 CPC in support of the pemf^ the High grant stay all further ornrfioH- ^ Court may be pleased SLVA/g/Gravel/NTR/2024 date^S/oST' pending disposal Of the above Writ Petition and pass"'' Counsel for the Petitioner: 1KILARU NITHIN KRISHNA Counsel for the Respondent(S): 1GP FOR MINES AND GEOLOGY 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 18568 OF 2025 The Court made the following order: Heard Sri Kilaru Nithin Krishna, learned counsel for the petitioner and Smt. Sudeepthi Potiuri, learned Assistant Government Pleader for Mines and Geology appearing for the respondents. The grievance of the petitioner is that the 3^^ respondent issued a show- cause notice dated 29.04.2025, alleging unauthorized excavation and transportation of gravel. The said notice was received by the petitioner through WhatsApp on 20.05.2025 from an unknown number, as well as from the business rival of the petitioner one Srihari. Subsequently a demand notice dated 25.06.2025 was also issued to the petitioner, levying a penalty of 2. Rs.52,05,040/-. It is contended that the show cause notice and the demand notice were served through WhatsApp. No attempt was made by the respondents to serve the said proceedings through post or any other acceptable mode of service of notice(s) as prescribed under the statute. Having regard to the instructions of the TRAl concerning the vulnerable cyber frauds, fearing the same could be one of the same, the petitioner did not respond to the notice received through WhatsApp. However, subsequently, to the impugned order the petitioner submitted his explanation on 05.07.2025. 3. 4 4. Learned counsel for the petitioner put on notice before the levy of penalty. Further, the impugned demand refers to an inspection the petitioner. submits that the petitioner was never notice report dated 29.04.2025, which was never furnished to 5. Having regard to the above, that the impugned order is i and the provisions of the A.P. 1966. learned counsel for the petitioner submits IS in gross violation of the principles of natural i Minor Mineral Concession justice (APMMC) Rules, 6. Today, when the matter has been taken up for admission, the learned and Geology has placed received from the 3^^ respondent. A Assistant Government Pleader for Mines copy of the written instructions the same would reflect that the served through registered petitioner did not on record a perusal of was initially sought to be demand notice post, however, the report indicates that the receive it. Consequently, the notice WhatsApp. It is further stated that the petitioner after receiving the physical copy of the demand was served through submitted his explanation notice on 06.07.2025. 7. However, as seen from the written instructions. although an attempt was made to serve the show cause notice by Registered Post and Acknowledgment Due (RPAD), there iIS no material to indicate that it was actually served. 8. Having regard to the of the writ petition by setting aside same, this Court deems it appropriate to dispose the impugned order and directing the 5 respondents to issue show cause notice afresh to the petitioner, after furnishing all relevant documents, which formed the basis for issuance of the show cause notice. The respondents shall thereafter pass appropriate orders, after affording due opportunity of hearing to the petitioner. 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. A babu assistant registrar //TRUE COPY// S Y N OFFICER To. 1. The Principal Secretary, Department of Mines and Geology, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Amaravati, Guntur District. 2. The Director, Mines and Geology Department, Having Office at D.No. 7- 104, B-Block, S'" and 6"’ floors, Ibrahimpatnam Post, N.T.R District. 3. The District Mines and Geology Officer, Vijayawada, N.T.R District. , A One CC to Sri Kilaru Nithin Krishna, , 5. Two CCs to GP for Mines and Geology [OUT] 6. Two CD Copies. Advocate [OPUC] , High Court of Andhra Pradesh ssb .vy HIGH COURT DATED:29/07/2025 ORDER WP No. 18568 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS