Extracted from the PDF above. The PDF is authoritative.
APHC010474272025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24862/2025 Between:
1. AMOGH ROY MINERALS, REP BY ITS PROP- SRI. GADE VENKATA SUBBA REDDY, S/O. SRI VENKATESHWARAREDDY, R/O.
H.NO.9/163, MAIN STREET, GUTTIKONDAVARI PALEM KOPPOLU (RURAL) PRAKASAM DISTRICT, ANDHRA PRADESH
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY
INDUSTRIES AND COMMERCE (MINES II) DEPARTMENT
SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI
2. THE DIRECTOR OF MINES AND GEOLOG, DEPARTMENT OF MINES AND GEOLOGY IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT
3. THE DISTRICT MINES AND GEOLOGY OFFICER, ONGOLE, PRAKASAM DISTRICT,
4. THE DIVISIONAL MINES AND GEOLOGY OFFICER, MARKAPURAM, PRAKASAM 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 pleased toPeased to issue a writ or direction, more particularly one in the nature of Writ of Mandamus declaring the Demand Notice No. 2794/Q/2016
dated 09.06.2025 and Consequential revised Demand No. 2794/Q/2016, dated 22.07.2025 by the District Mines and Geology Officer, Ongole, without any Jurisdiction, as arbitrary, bad in law illegal, unjust, against principles of natural Justice and unconstitutional and to set aside the same, and consequently direct the 4th respondent to issue dispatch permits and pass 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 pleased to suspend the Demand Notice No. 2794/Q/2016 dated 09.06.2025 and Consequential revised Demand Notice No. 2794/Q/2016, dated 22.07.2025 by the District Mines and Geology Officer, Ongole, pending disposal of the writ petition and to pass 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 pleased to direct the 4th respondent/Divisional Mines and Geology Officer, Markapur, Prakasam District, to issue dispatch permits pending disposal of the writ petition and to pass Counsel for the Petitioner:
1. G N UMA RANI Counsel for the Respondent(S):
1. GP FOR MINES AND GEOLOGY The Court made the following:
THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24862 of 2025 ORDER: -
1.
The present writ petition is filed by the petitioner aggrieved by the impugned proceedings, dated 22.07.2025 whereby the 3rd respondent has raised a demand for payment of seigniorage fee of an amount of Rs.24,96,815/-. 2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader appearing for respondents. 3. It is submitted by the learned counsel for the petitioner that prior to the passing of impugned proceedings, Show Cause Notice, dated 03.05.2025 was issued by the 4th respondent to the petitioner calling upon the petitioner to submit an explanation. The petitioner promptly submitted representation, dated 09.05.2025 requesting the 4th respondent to furnish certain documents which would enable the petitioner to submit his explanation. The 3rd respondent instead of furnishing the requested documents has proceeded to pass the impugned proceedings. 4. Learned Assistant Government Pleader for respondents submits that the petitioner has failed to submit proper explanation and in turn called upon the respondent authorities to furnish documents which would not be necessary for submitting the reply. 5. This Court has considered similar petitions and set aside the impugned proceedings by directing the respondent authorities to furnish the information to the extent possible and the petitioner(s) to submit
detailed explanation by referring to the information furnished by the respondent authorities and thereafter, the respondent authorities can pass a detailed speaking order. 6. Following the same, the impugned proceedings are hereby set aside. The 4th respondent is hereby directed to furnish the requested information for the representation of the petitioner dated 09.05.2025 within a period of four (4) weeks to the petitioner from the date of receipt of a copy of this order and thereafter, reply, if any, shall be submitted by the petitioner within a period of two (2) weeks and the respondent authorities shall pass appropriate speaking order duly taking into consideration, the reply submitted by the petitioner within a period of four (4) weeks thereafter. 7. With the above observations, the writ petition is disposed of. No costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date16.09.2025 Dvs
HONOURABLE SRI JUSTICE HARINATH.N
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WRIT PETITION NO: 24862 of 2025 Date: 16.09.2025
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