APHC010415132025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: Between: 1. M/S SREE MINES,, D. NO. 8 KHAN COLONY, BANJARA HILLS, HYDERABAD, TELANGANA STATE, REP. BY ITS MANGING PARTNER, SURPURKAR MOHAN SRINIVAS. 1. THE STATE OF ANDHRA PRADESH, SECRETARY, INDUSTRIES AND COMMERCE (MINES) DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR OF MINES AND GEOLOGY, IBRAHIMPATNAM, VIJAYAWADA, N.T.R. DISTRICT, ANDHRA PRADESH 3. THE DISTRICT MINES NELLORE DISTRICT, NELLORE. 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 tomay 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. 6567/M/2008 dated 07.05.2025 and consequential demand Notice No. 6567/M/ 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 such IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 21587/2025 M/S SREE MINES,, D. NO. 8-2-598-A/4, ROAD NO. 10, 0PP. GAFFAR KHAN COLONY, BANJARA HILLS, HYDERABAD, TELANGANA STATE, REP. BY ITS MANGING PARTNER, SURPURKAR MOHAN ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, INDUSTRIES AND COMMERCE (MINES) DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, THE DIRECTOR OF MINES AND GEOLOGY, IBRAHIMPATNAM, VIJAYAWADA, N.T.R. DISTRICT, ANDHRA PRADESH 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 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. 6567/M/2008 dated 07.05.2025 and consequential demand Notice No. 6567/M/2008 dated 28.05.2025 is illegal arbitrary, in violation of principles of natural justice and unconstitutional aside both the notices dated 07.05.2025 and 28.05.2025 of the 3rd respondent by directing the respondents to issue permits to the petitioner and pass such IN THE HIGH COURT OF ANDHRA PRADESH [3458] THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA A/4, ROAD NO. 10, 0PP. GAFFAR KHAN COLONY, BANJARA HILLS, HYDERABAD, TELANGANA STATE, REP. BY ITS MANGING PARTNER, SURPURKAR MOHAN ...PETITIONER REP.BY ITS PRINCIPAL SECRETARY, INDUSTRIES AND COMMERCE (MINES) DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, THE DIRECTOR OF MINES AND GEOLOGY, IBRAHIMPATNAM, AND GEOLOGY OFFICER FAC, SPSR ...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 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. 6567/M/2008 dated 07.05.2025 2008 dated 28.05.2025 is illegal arbitrary, in violation of principles of natural justice and unconstitutional aside both the notices dated 07.05.2025 and 28.05.2025 of the 3rd respondent by directing the respondents to issue 2 IA 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 may be pleased to grant stay all further proceedings in pursuant to the Demand Notice No. 6567/M/2008 dated 28.05.2025 issued by the 3rd respondent, pending disposal of the writ petition and pass such IA 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 may be pleased to direct the respondents to issue dispatch permits to the petitioner without referring to the show cause notice No. 6567/M/2008 dated 07.05.2025 and consequential demand Notice No. 6567/M/2008 dated 28.05.2025 of the 3rd respondent, pending disposal of the writ petition and pass such Counsel for the Petitioner: 1. KAVITHA GOTTIPATI 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 Potluri, learned Assistant Government Pleader for Mines and Geology. 2. The writ petition is filed challenging the proceedings of the 3rd 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 District, Andhra Pradesh. The 3 quarry lease is valid up to 26.12.2033. The 3rd respondent has issued show cause notice to the petitioner on 07.05.2025, alleging that there has been 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 3rd respondent to furnish the documents referred to in the show cause notice, that formed the basis for issuance of the notice. The 3rd respondent, however, without considering the same, has issued the impugned proceedings raising the demand of Rs.45,33,203/-, 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 principles of 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. 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 4 explanation is not acceptable, reflects the non application of mind of the authority and the same is not sustainable. 5. Having regard to the above, this Court deems it appropriate to dispose of the writ petition. 6. The writ petition is accordingly disposed of, setting aside the impugned order, dated 28.05.2025, and remanding the matter to the 3rd respondent. The 3rd 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 3rd 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. As a sequel, interlocutory applications, pending if any, shall stand closed. ____________________________________ JUSTICE KIRANMAYEE MANDAVA Date:18.08.2025 ANI 5 THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.21587 of 2025 Date:18.08.2025 ANI