APHC010415112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF AUGUSTv-l^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 21550 OF 2025 '•V V-' \.' V- ' Between: M/s. Green Mining'"Company, C/o N. Krishna Village, Gudur Mandal, SPSR Nellore District Surpurkar Mohan Srinivas. Reddy, Chennur Post and Rep. by its Manging Partner, ...Petitioner , AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Industries Secretariat, Velagapudi, and Commerce (Mines) Department, A.P. Amaravati, Guntur District. 2. The Director of Mines Geology, Ibrahimpatnam District, Andhra Pradesh 3. The District Mines and Geology Officer (FAC), SPSR Nellore District Nellore. Vijayawada, N.T.R. ...Respondents of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or writs or order or orders one more particularly in the nature of Writ of Mandamus declaring the action of 3rd respondent in issuing show cause notice No.3494/M/2007 dated 05.2025 and consequential demand Notice No.3494/M/2007 dated Petition under Article 226 of the Constitution 28.0^2025 is illegal arbitrary, in violation of principles of natural justice and unconstitutional and consequently set-aside both the notices dated 07.05'r2025 and 28.05.2025 of the 3rd respondent by directing the respondents to issue dispatch permits to the petitioner. m ■ iA NO: 1 OF 9()9fi Petition under Section 151 CPC in the affidavit filed i praying that in the circumstances stated in support of the petition, the High Court may be pleased grant stay all further proceedings 3494/M/2607 dated 28.05.2(^25 i to m pursuant to the Demand Notice No. issued by the 3rd respondent pending disposal of the writ petition. jA NO: 2 OF 2Ci9fi Petition under Section 151 CPC praying that in the circumstances stated IP the affidavit filed in support of the petition, the High Court may be pieased to direct the respondents to issue dispatch permits to the referring to the show petitioner without cause notice No.3494/M/2007 dated 07.05.2025 consequentiai demand Notice No.3494/m/2007 and v..-' dated 28.05.2025 of the 3rd respondent, pending disposal of the writ petition. Counsel for the Petitioner: SMT. Counsel for the Respondents: The Court made the following KAVITHA GOTTIPATI GP FOR MINES AND GEOLOGY order: r APHC010415112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 21550/2025 Between: 1.GREEN MINING COMPANY, C/0 N. KRISHNA REDDY, CHENNUR POST AND VILLAGE, GUDUR MANDAL, SPSR NELLORE DISTRICT REP. BY ITS MANGING PARTNER, SURPURKAR MOHAN SRINIVAS. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, RERBY ITS PRINCIPAL SECRETARY, INDUSTRIES AND COMMERCE (MINES) DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DIRECTOR OF MINES GEOLOGY, IBRAHIMPATNAM, VIJAYAWADA, N.T.R. DISTRICT, ANDHRA PRADESH 3.THE DISTRICT MINES AND GEOLOGY OFFICER FAC, SPSR NELLORE DISTRICT, NELLORE. ...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 pleased toPleased to issue a writ or writs or order or orders one more particularly in the nature of Writ of Mandamus declaring the action of 3RD respondent in issuing show cause notice No.3494/M/2007 dated 07.05.2025 and consequential demand Notice No.3494/M/2007 dated 28.05.2025 is illegal arbitrary, in violation of principles of natural justice and unconstitutional and consequently set-aside both the notices dated 07.05.2025 and 28.05.2025 of the 3RD respondent by directing the respondents to issue dispatch permits to the petitioner and 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 pleased to grant stay all further proceedings in pursuant to the Demand Notice No. 3494/M/2007 dated 28.05.2025 issued by the 3RD respondent, pending disposal of the writ petition and pass s lA NO: 2 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 Pleased to direct the respondents to issue dispatch permits to the petitioner without referring to the show cause notice No.3494/M/2007 dated 07.05.2025 and consequential demand Notice No.3494/M/2007 dated 28.05.2025 of the 3RD respondent, pending disposal of the writ petition and pass Counsel for the Petitioner: 1.KAVITHAGOTTIPATI Counsel for the Respondent(S): 1.GP FOR MINES AND GEOLOGY The Court made the following: ORDER:- Heard Ms. Kavitha Gottipati, learned counsel for the petitioner and Ms. Sudeepthi Potiuri, learned Assistant Government Pleader for Mines and Geology. 2. The writ petition is filed challenging the proceedings of the 3'"^ respondent in issuing show cause notice dated 07.05.2025 and consequential demand notice dated 28.05.2025. 3. It is contended that the petitioner is holding a quarry lease for Quartz over an extent of 4.957 Hectares in Sy.No.488 of Orupalli Rajupalem (V), Sydapuram (M). SPSR Nellore Disttrict, Andhra Pradesh The quarry lease is valid up to 14.02.2031. The 3^' respondent has issued show cause notice to the petitioner on 07.05.2025, alleging that there has been 3 excavation and transportation of the mineral over and above the permitted limits. It is contended that the said show cause notice was issued, pursuant to the inspection conducted by the Vigilance and Enforcement Wing of the Department. The show cause notice required the petitioner to explain as to why action should not be taken under Rule 12 (5) (h) (iii) of Andhra Pradesh Minor Mineral Concession Rules, 1966, for the alleged violations. To the said show cause notice, the petitioner vide letter dated 10.05.2025, has requested the 3'^'^ respondent to furnish the documents referred to in the show notice, that formed the basis for issuance of the notice. The 3'^'^ respondent, however, without considering the same, has issued the impugned proceedings raising the demand of Rs.1,20,03,995/-, treating the letter dated 10.05.2025 under which the petitioner has requested for certain documents, as explanation of the petitioner, and observing that the same is not acceptable. Learned counsel for the petitioner would contend that the principlesof natural justice require that the documents on the basis of which the authority alleges that the petitioner has committed irregularities, the petitioner shall have to be furnished with all the said documents/reports, before the explanation is sought. cause 4. Considered the submissions. Vide letter dated 10.05.2025, the petitioner had only asked for furnishing of the documents referred to in the show cause notice. The observation of the authorities that the said explanation is not acceptable, reflects the non application of mind of the authority and the same is not sustainable. \y 4 ■W! V -’t Having regard to the above, this Court deems it appropriate to dispose of the writ petition. The writ petition is accordingly disposed of, setting aside the impugned order, dated 28.05.2025, and remanding the matter to the 3'^ respondent. The 3"^ respondent is directed to furnish copies of the documents that have been asked for, by the petitioner, vide explanation dated 10.05.2025. The said documents/reports shall be furnished to the petitioner within a period of one (01) week from the date of receipt of the order, and the petitioner shall submit his explanation within two (02) weeks thereafter. After submission of the explanation by the petitioner, the 3''^ respondent is directed to pass appropriate orders on the show cause notice within a period of three (03) weeks from the date of receipt of the explanation of the petitioner. There shall be no order as to costs. 5. 6. As a sequel, interlocutory applications, pending if any, shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTI ^^FFICER To, 1. The Principal Secretary, Industries and Commerce (Mines)"DSpartment, Guntur District. Geology, Ibrahimpatnam. 'iHjiyawada, A.P. Secretariat, Velagapudi, Amaravati, 2. The Director of Mines N.T.R. District, Andhra Pradesh 3. The District Mines and Geology Officer FAC, SPSR Nellore District, Nellore. (By Speed Post) 4. One CC to Smt. Kavitha Gottipati A'S^cate 5. TwoCCsto GP for Mines [OPUC] and Geology High Court of Andhra Pradesh [OUT] 6. Two CD Copies TF HIGH COURT DATED: 18/08/2025 ORDER WP NO. 21550 OF 2025 a "' SEP 2025 )S ntSectiQBx^>^ DISPOSING OF THE W.P., WITHOUT COSTS