IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable dr justice K MANMADHA WRIT PETITION NO: r>F 2024 :: AMARAVATI Between: M/s. Maruthi Minerals rep. by its Managing Partner D.Poojitha, W/o.late Sreedhar Reddy, Aged 55 years, R/o.D.No.24/2/1858, Dega Enclave, Magunta Layout, SPSR Nellore District-524004 ...PETITIONER AND 1. The state of Andhra Pradesh, Rep by its Principal Secretary and Geology Department, Secretariat, Velagapudi, Amaravathi District. 2. The Director of Mines and Geology, Government Ibrahimpatnam, Vijayawada, Krishna District 3. The District Mines and Geology Officer, O/o. Geology, SPSR Nellore District. , Mines Guntur of Andhra Pradesh, District Mines and ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ of Mandamus may or other appropriate writ, order or direction, declaring the Demand Notice issued by the 3 NO.284/P/2017 dated 19-08-2024 highly illegal, arbitrary, - and violative of respondent herein is unreasonable, violation of Principles of Natural Justice Article 14 and 19(1)(g) of the Constitution of India and contrary to the provisions of the Andhra Pradesh Minor Mineral Concessions and Andhra Pradesh Mineral Dealers Rules, Rules, 1966 2017 and consequently set- aside the Demand Notice No.284/P/2017 dated 19-08-2024 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 No.284/P/2017 dated 19-08-2024 issued by the 3'“'^ respondent herein, pending disposal of the writ petition. 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 r APHC010482582024 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: 24855/2024 Between: Maruthi Minerals ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: IP 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.284/P/2017 dated 19.08.2024 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 f 2017 and consequently set aside the Demand Notice No.284/P/2017 dated 19.08.2024 issued by the 3"^ respondent herein ’’ \ 2. 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 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:- Accordingly the impugned Demand Notice bearing NO.647/Q/2024-38, dated 20.08.2024, issued by the 37^ respondent is hereby set aside. The 3''‘ 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. Learned Assistant Government Pleader for Mines and Geology appearing for the respondents opposed for grant of any relief in the writ 4. 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. 6. Accordingly, this Writ Petition is disposed of in terms of the order passed in W.P.No.24660 of 2024, dated 28.10.2024. There shall be as to costs. no order 7. The Registry is directed to attach a copy of the order passed W.P.No.24660 of 2024, dated 28.10.2024 to this order. in As a sequel, miscellaneous applications pending, if any, shall stand closed. K. TATA RAO UTY registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Mines and Geology Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Director of Mines and Geology, Government of Andhra Pradesh, Ibrahimpatnam, Vijayawada, Krishna District. 3. The District Mines and Geology Officer, O/o. District Mines and Geology, SPSR Nellore District. 4. One CC to Sri P. L. Narasimha Rao, Advocate [OPUC] 5. Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. (Along with a copy of the order in W.P. No.24660 of 2024, dated 28.10.2024 to this order) ssb HIGH COURT DATED:06/01/2025 ORDER WP.No.24855 of 2024 s 2 2 IAN 2075 f S- * Current oeciion . DISPOSING OF THE W.P. WITHOUT COSTS APHC010480042024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) lU [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: ...PETITIONER M/s.paras Minerals AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.PLNARASIMHA RAO Counsel for the Respondent(S): 1.GP FOR MIMES. 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:- 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 to the of the Andhra Pradesh Minor Mineral ... to issue a and contrary .. , Concessions Rules, 1966 and Andhra Pradesh Mineral Dealers 2017 and consequently set-aside the Demand Notice Rules, NO.647/Q/2024 38 dated 20 08 7mA ■ respondent herein and pass such } 2. The case of the holder of mineral dealer vi the provisions of the AP Director of Mines and trading of Quartz and Sydapuram Mandal, SPSR the petitioner herein i conditions of the license. petitioner in brief is that the petitioner iIS the vide MDLReg.No.MDL0107001770 Mineral Dealer Rules granted under 2017 by the then Deputy Geology, SPSR Nellore District etc., mineral in Sy.No.578 i Nellore District. From the for processing, selling Perumallapadu village, date of grant of license, contravening any of the respondent has issued in IS conducting business without While so, the 3 a S/70W- cause notice, dated 22.05.2024 business of 11,328 tons to the petitioner alleging that the of Micaceous quartz mi petitioner did mineral without obtaining the submitted detailed transit forms from the mi explanation documents. But, without mines department. The petitioner on 07.06.2024 to the said show-cause notice along with respondent has issued calling upon - within 15 days from notice. Aggrieved by the said considering the same, the 3 a Demand Notice bearing No.647/Q/2024 the petitioner to -38, dated 20.08.2024 pay the penalty of sum of Rs.74,83,276/ the date of receipt of a copy of the demand notice, the present Writ Petition is filed. 3. Heard Mr P.L.Narasimha Rao and the learned Assistant appearing for Respondents. learned counsel for the petitioner Mines and Geology Government Pleader for 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. Learned Assistant Government Pleader for Mines and Geology 5. 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, 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. 6. 7. 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 3^^^ respondent is directed to consider the explanation submitted by the petitioner on 07.06.2024 and pass appropriate reasoned orders in petitioner herein within a receipt of a copy of this order. accordance with law after affording opportunity to the period of three (03) months from the date of 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