H IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JANUARY i TWO THOUSAND AND TWENTY FIVE ' j PRESENT ^ THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 23980 OF 2024 ^ Between: M/s. Simhadri Enterprises, rep. by its Proprietor P.Malyadri, S/o.late Narasaiah, Aged about 52 years, R/o. 10-63, ZP High School Road, Gudur, Tirupati District ...PETITIONER ' AND The State of Andhra Pradesh, Rep by its Principal Secretary, Mines and Geology Department,Secretariat, Velagapudi, Amaravathi, Guntur District. The Director of Mines and Geology, Government of Andhra Pradesh, Ibrahimpatnam, Vijayawada, Krishna District. The District Mines and Geology Officer, O/o. District Mines and Geology, SPSR Nellore District. 1. 2. 3. ...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 of Mandamus, or other appropriate writ, order direction, declaring the Demand Notice N0.3743/P/2018 dated 26-06-2024 issued by the 3 or rd respondent herein is highly illegal, arbitrary, unreasonable, violation of Principles of Natural Justice and violative of Article 14 and 19(1 Kg) of the Constitution of India and contrary to the provisions of the Andhra Pradesh Minor Mineral Concessions Rules, 1966 and Andhra Pradesh Mineral Dealers Rules, 2017 and consequently set- aside the Demand Notice No.3743/P/2018 dated 26-06-2024 issued by the 3rd respondent herein. lA NO: 1 OF 2024 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 N0.3743/P/2018 dated 26-06-2024 issued by the 3rd respondent herein, pending disposal of the writ petition and pass such Counsel for the Petitioner: SRI P. L. NARASIMHA RAO Counsel for the Respondent Nos.1 to 3: GP FOR MINES AND GEOLOGY The Court made the following: ORDER 1 APHC010465962024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 23980/2024 Between: M/s Simhadri Enterprises ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.P L NARASIMHA RAO Counsel for the Respondent{S): 1.GP FOR MINES AND GEOLOGY The Court made the following: ORDER; The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief; .. to issue a Writ of Mandamus or other appropriate writ, order or direction declaring the Demand Notice NO.3743/P/2018 dated 26.06.2024 issued by the 3'''' respondent herein is highly illegal, arbitrary unreasonable violation of Principles of Natural Justice and violative of Article 14 and 19(l)(g) of the Constitution of India and contrary to the provisions of the Andhra Pradesh Minor Mineral Concessions Rules, 1966 and Andhra Pradesh Mineral Dealers Rules 2 2017 and consequently set aside the Demand Notice No. 3743/P/2018 dated 26.06.2024 Issued by the 3"^ respondent herein ” Heard Mr P.L.Narasimha Rao, learned counsel for the petitioner and the learned Assistant Government Pleader for Mines and Geology appearing for Respondents. 2. \ N On hearing, learned counsel for the petitioner submits that the matter is squarely covered by the order passed by this Court in W.P.No.24660 of 2024, dated 28.10.2024, and hence, requests this Court to pass similar order in this petition also. The operative portion of the said order is as follows:- 3. Accordingly the impugned Demand Notice bearing NO.647/Q/2024-38, dated 20.08.2024, issued by the 3^^ respondent is hereby set aside. The 37'^ respondent is directed to consider the explanation submitted by the petitioner on 07.06.2024 and pass appropriate reasoned orders in accordance with law after affording opportunity to the petitioner herein within a period of three (03) months from the date of receipt of a copy of this order. 7. 4. Learned Assistant Government Pleader for Mines and Geology appearing for the respondents opposed for grant of any relief in the writ petition and prayed to dismiss the same. 5. In view of the submission made by both the learned counsels and upon perusing the entire material available on record, this Court deems fit to dispose of the present Writ Petition in terms of the said order. 3 Accordingly, this Writ Petition is disposed of in terms of the order 6. f passed in W.P.No.24660 of 2024, dated 28.10.2024. There shall be no order as to costs. 7. The Registry is directed to attach a copy of the order passed in W.P.No.24660 of 2024, dated 28.10.2024 to this order. As a sequel, miscellaneous applications pending, if any, shall stand closed. V.SAVITHRI GOWRl T REGISTRAR SD/- r sec^n officer //TRUE COPY// To, 1. The Principal Secretary, Mines and Geology Department, state of , Secretariat, Velagapudi, Amaravathi, Guntur District, and Geology, Government of Andhra Pradesh, Andhra Pradesh 2. The Director of Mines Ibrahimpatnam, Vijayawada, Krishna District, and Geology Officer, O/o. District Mines and 3. The District Mines Geology, SPSR Nellore District. 4. One CC to Sri P. L. Narasimha Rao, Advocate [OPUC] and Geology, High Court of Andhra Pradesh. 5. Two CCs to GP for Mines [OUT] 6. Three CD Copies. (Along with a copy of the order in 28.10.2024 to this order) W.P. No.24660 of 2024, dated ssb HIGH COURT \ DATED:06/01/2025 ORDER WP.No.23980 of 2024 • ^ ^ 2 3 JAN 2C25 . Current Section o TX l\0 Co DISPOSING OF THE W.P. WITHOUT COSTS APHC010480042024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] MONDAY .THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 24660/2024 Between: M/s.paras Minerals, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.P L NARASIMHA RAO Counsel for the Respondent(S): 1 .GP FOR MINES AND GEOLOGY The Court made the following: ORDER This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:- to issue a Writ of Mandamus or other appropriate declaring the Demand Notice NO.647/Q/2024-38, dated 20082024 issued by the 3^ respondent herein is highly illegal, arbitrary unreasonable violation of Principles of Natural Justice and violative of Article 14 and 19(l)g of the Constitution of India and contrary to the of the Andhra Pradesh Minor Mineral Concessions Rules, 1966 and Andhra Pradesh Mineral Dealers Rules, 2017 and consequently set-aside the Demand Notice .1 rd NO.647/Q/2024 38 dated 20.08.2024 issued by the 3 respondent herein and pass such...” \ The case of the petitioner in brief is that the petitioner is the 2. holder of mineral dealer vide MDL.Reg.No.MDLOl07001770 granted under the provisions of the AP Mineral Dealer Rules, 2017 by the then Deputy Director of Mines and Geology, SPSR Nellore District for processing, selling trading of Quartz and etc., mineral in Sy.No.578 in Perumallapadu village, Sydapuram Mandal, SPSR Nellore District. From the date of grant of license, the petitioner herein is conducting business without contravening any of the conditions of the license. While so, the 3'^^ respondent has issued a show- cause notice, dated 22.05.2024 to the petitioner alleging that the petitionerdid business of 11,328 tons of Micaceous quartz mineral without obtaining the transit forms from the mines department. The petitioner submitted detailed explanation on 07.06.2024 to the said show-cause notice along with documents. But, without considering the same, the 3'^ respondent has issued a Demand Notice bearing No.647/Q/2024-38, dated 20.08.2024 calling upon the petitioner to pay the penalty of sum of Rs.74,83,276/- within 15 days from the date of receipt of a copy of the demand notice. Aggrieved by the said notice, the present Writ Petition is filed. Heard Mr P.L.Narasimha Rao, learned counsel for the petitioner and the learned Assistant Government Pleader for Mines and Geology appearing for Respondents. 3. ♦ On hearing, learned counsel for the petitioner submits that though the petitioner has submitted his explanation on 07.06.2024 to the show-cause notice, dated 22.05.2024 issued by the 3'^'^ respondent, the 3'^'^ respondent has 4. issued the impugned Demand Notice No. 647/Q/2024-38, dated 20.08.2024, stating that the reply given by the petitioner is not satisfactory, which is illegal and arbitrary. Hence, the learned counsel for the petitioner requests to pass appropriate orders. 5. Learned Assistant Government Pleader for Mines and Geology appearing for respondents opposed for grant of any relief in this Writ Petition and prays to dismiss the same. Considering the submissions of both the learned counsels, in the opinion of this Court, the 3'"'^ respondent being the quasi judicial authority has to record reasons while passing the order. But, the 3^*^ respondent herein without recording any reasons has passed the impugned demand notice. 6. dated 20.08.2024 stating that the reply given by the petitioner was not satisfied. This Court in number of cases has ordered the respondents to pass appropriate reasoned orders. But, the respondent authorities are not obeying the orders of this Court and are not passing reasoned orders, which is illegal, arbitrary and hence, the impugned demand notice is liable to be set aside. 7. Accordingly the impugned Demand Notice bearing NO.647/Q/2024-38, dated 20.08.2024, issued by the respondent is hereby set aside. The 3'^'^ respondent is directed to consider the explanation submitted \ ■y \ by the petitioner on 07.06.2024 and pass appropriate reasoned orders in \ \ 1 accordance with law after affording opportunity to the petitioner herein within a period of three (03) months from the date of receipt of a copy of this order. 8. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. DR.K. MANMADHA RAO, J Date: 28.10.2024 TM