\' IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 1134 OF 2025 Between: Vadlamudi Hari Krishna, S/o. late V. Nageswara Rao Aged about 40 years, R/o. D.No. 2-32, Ashok Nagar, Vempadu Village, Varikuntapadu Mandal, SPSR Nellore District. ...PETITIONER AND 1. State of Andhra Pradesh, Rep., by the Principal Secretary Industries and Commerce (Mines-ll) Department, Secretariat, Velagapudi, Amaravati. 2. Director of Mines and Geology, Department of Mines and Geology, Ibrahimpatnam, Vijayawada, NTR District. 3. District Mines and Geology Officer, SPSR Nellore, SPSR Nellore District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or direction, more particularly one in the nature of Writ of Mandamus declaring the show cause notice No. 5337/P/2016 dated 06.05.2024 (received on 15.06.2024) and Consequential Demand Notice No 5337/P/2016, dated 26.06.2024 issued by the District Mines and Geology Officer. SPSR Nellore, as arbitrary, predetermined, bad in law, illegal, unjust, against principles of natural justice and ¥ 'if $ i unconstitutional and to set aside the same, and consequently direct to issue dispatch permits. lA NO: 1 OF 2025 S' Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3''^ respondent to issue the dispatch permits duly suspending the Demand Notice No.5337/P/2016 dated 26.06.2024 issued by the District Mines and Geology Officer, SPSR Nellore, pending disposal of the Writ Petition. 1 Counsel for the Petitioner: SRI BALAJI MEDAMALLI Counsel for the Respondents: GP FOR INDUSTRIES & COMMERCE The Court made the following: ORDER APHC010017062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] MONDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 1134/2025 Between: Vadlamudi Hari Krishna, ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.BALAJI MEDAMALLI Counsel for the Respondent(S): 1.GP FOR INDUSTRIES COMMERCE The Court made the following: ORDER: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: ",.. may be pleased to issue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the show-cause notice No.5337/P/2016 dated 06.05.2024 received on 15.06.2024 and Consequential Demand Notice No.5337/P/2016 dated 26.06.2024 Issued by the District Mines and Geology Officer, SPSR Nellore as arbitrary, predetermined, bad in law, illegal, unjust, against principles of natural justice and unconstitutional and to set aside the same and consequently direct to issue dispatch permits and to pass...” Heard Mr Balaji Medamalli, learned counsel for the petitioner and 2. Smt P.Sudeepthi, learned Assistant Government Pleader for Mines and Geology appearing for the respondents. On hearing, learned counsel for the petitioner submits that the 3. matter is squarely covered by the order passed by this Court in W.P.No.30105 of 2024, dated 20.12.2024, and hence, requests this Court to pass similar order in this petition also. The operative portion of the said order is as follows:- 6. Therefore, the Writ Petition is allowed, setting aside the impugned demand notice dated 26.06.2024 vide Notice NO.5336/P/2016, issued by the 3''^ respondent and the matter is remanded back to the 3''^ respondent to consider the explanation dated 25.06.2024 submitted by the petitioner and pass appropriate orders, in accordance with law, within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. 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 allow the present Writ Petition in terms of the said order. Accordingly, this Writ Petition is allowed in terms of the order passed in W.P.No.30105 of 2024, dated 20.12.2024. There shall be no order 6. as to costs. 7. The Registry is directed to attach a copy of the order passed in W.P.No.30105 of 2024, dated 20.12.2024 to this order. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Industries and Commerce (Mines-ll) Department, Secretariat, Velagapudi, Amaravati. 2. The Director of Mines and Geology, Department of Mines and Geology Ibrahimpatnam, Vijayawada, NTR District. 3. The District Mines and Geology Officer, SPSR Nellore, SPSR Nellore District. 4. One CC to Sri Balaji Medamalli Advocate [OPUC] 5. Two CCs to GP for Industries & Commerce, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies TF(Along with a copy of order dt. 20.12.2024 in WP No. 30105 of 2024) HIGH COURT DATED:20/01/2025 ORDER O'. FEB 2025 1 ■v^ ^ , Current Section WP.No.1134 of 2025 Co ALLOWING THE W.P. WITHOUT COSTS ^ • 1 APHC010561092024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY ,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 30105/2024 Between: ...PETITIONER Vadlamudi Nageswara Rao And Sons AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.BALAJI MEDAMALLI 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: notice No.5336/P/2016 dated “ declaring the show cause 06.05.2024 (received on 10.06.2024) and Consequential Demand Notice NO.5336/P/2016 dated 26.06.2024 issued by the District Mines and Geology Officer, SPSR Nellore, as arbitrary, predetermined, bad in law, illegal, unjust, against principles of natural justice and unconstitutional and to set aside the same, and consequently direct to issue dispatch permits and to pass such other order or orders 2 Facts of the case, in brief, are that the petitioner was granted quarry lease for quartz over an extent of 1.258 Hectares/3.11 Acres in Sy.No.329/5 (3 Acres), 329/6P (0.11 Acres) of Vempadu Village, Varikuntapadu Mandal, SPSR District, by the Assistant Director of Mines and Geology, Nellore, for a period of twenty years and they were issued work orders vide proceedings NO.5336/P/2016, dated 22.11.2018 and the said lease period will be in force Since granting of said lease, the petitioner has been conducting mining operations without any deviation of APMMC Rules, 1966. While so, on 16.04.2024, the technical staff of the 3"^ respondent office have inspected the quarry lease area of the petitioner and found no irregularities or deviation of any of the rules under APMMC Rules, 1966. respondent without having any evidence that the petitioner had excavated transmitted the material more than the permitted limits, has issued a show- cause notice No.5336/P/2016, dated 06.05.2024 to the petitioner, which was received by the petitioner on 10.06.2024, alleging that the petitioner company transported the minerals to China through Chennai port and imposed penalty of Rs.63,81,396/- and thereby calling for explanation within a period of seven days from the date of receipt of the notice. The 3^'* respondent issued the said notice without giving any opportunity and without providing any supporting documents. Thereafter, the petitioner has submitted detailed explanation 25.06.2024 and the same was acknowledged by the respondents 2. till 21.11.2038. But the 3 or on on 3 12.07.2024. In the meanwhile, on 26.06.2024, the respondent authorities, without considering the explanation of the petitioner, have raised a demand notice vide Notice No.5336/P/2016 simply stating that the petitioner has not given any reply to the show-cause notice and concluded that the petitioner has misused the transit forms, which is wholly illegal and arbitrary. Hence the present writ petition is filed. 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology, appearing for the respondents 1 to 3. 4. Perused the material available on record. 5. On perusal of the material available on record and having regard to the submissions made by both learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology, this Court observed that the 3'^^ respondent has issued the impugned demand notice without passing any orders on the explanation dated 25.06.2024 submitted by the petitioner and it was issued in a hurried manner without affording any opportunity of hearing the petitioner and thereby violated the principles of natural justice. Hence the impugned demand notice issued by the O'"* respondent is not proper and it is liable to be set aside. 6. Accordingly, this Writ Petition is allowed in terms of the order passed in W.P.No.30105 of 2024, dated 20.12.2024. 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.30105 of 2024, dated 20.12.2024 to this order. As a sequel, miscellaneous applications pending, if any, shall stand closed. DR. K. MANMADHA RAO, J. Date 20.01.2025 TM