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: 21829 OF 2016 Between: Nalluri Venkata Seshamma, W/o. Chiranjeevi, Aged about 32 years, Occ: Sarpanch, Peda Kothapalli Grampanchayat, R/o. Peda Kottapalli Village, Maddipadu Mandal, Prakasam District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its. Principal Secretary, Mines & Geology, Secretariat Buildings, Hyderabad. 2. The District Collector, (Panchayat Raj) Prakasam District, Ongole. 3. Asst. Director of Mines and Geology, (Vigilance), Prakasam District, Ongole. ...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 order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in Notice No.1785A/g(Ogl)/2016, dated 15.06.2016 issued by the 3rd respondent directing the petitioner to submit the explanation alleging that excavated the clay from the tank without paying the seignarage fee without any authority of law, is illegal, arbitrary and contrary to the Panchayat Raj Act and A.P. Minor Mineral Concession Rules, 1966 and consequently set aside the same. LA. NO: 1 OF 2016(WPMP. NO: 26826 OF 201 fi) 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 suspend the proceedings in No.1785A/g(Ogl)/2016, dated 15.06.2016 issued by the 3rd directing the petitioner to submit the explanation alleging that excavated the clay from the tank without paying the seignarage fee without any authority of law, pending disposal of the main writ petition. Notice respondent Counsel for the Petitioner: SRI ASHOK KAMIREDDY REPRESENTING SRI KOTI REDDY IDAMAKANTI Counsel for the Respondent Nos. 1 & 3: GP FOR MINES AND GEOLOGY Counsel for the Respondent No.2: GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORDER 1 APHC010618622016 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: 21829/2016 Between: Nalluri Venkata Seshamma, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.KOTI REDDY IDAMAKANTI Counsel for the Respondent(S): 1 .GP FOR MINES AND GEOLOGY (AP) 2.GP FOR INDUSTRIES COMMERCE (AP) 3.GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: ORDER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “ declaring the proceedings in Notice No.1785A/g(Ogl)/2016, dated 15.06.2016 issued by the 3"^ respondent directing the petitioner to submit the explanation alleging that excavated the clay from the tank without paying the w V seignarage fee without any authority of law is illegal, arbitrary and contrary to the Panchayat Raj Act and A.P. Minor Mineral Concession Rules, 1966 and consequently set aside the same and pass such other order or orders ” 2. Facts of the case, in brief, are that the petitioner was elected as Sarpanch of the Peda Kottapalli Gram Panchayat, Maddipadu Mandal, Prakasam District. The Gram Panchayat with a view of deepening the tank, belonging to the Endowments Department, to get more water stored, passed a resolution dated 16.11.2015 and in consequence thereof, made a representation dated 17.03.2016 to the Assistant Commissioner, Endowments, Ongole, for grant of permission to develop the tank, who in turn granted permission on 18.05.2016 for development of the tank. While so, the 3'"' respondent issued the impugned notice dated 15.06.2016 under the A.P. Minor Mineral Concession Rules, 2016, calling for explanation from the petitioner as to why action shall not be initiated for collection of evaded seigniorage fee and penalty, within fifteen days from the date of receipt of the notice. Aggrieved by the same, the present writ petition is filed. 3. On the other hand, the 3”^^ respondent filed counter. While denying the contents of the writ petition, he submitted that, the petitioner stated that she has been conducting ordinary earth excavation in the subject tank after duly passing the resolution in the village Panchayat on 16.06.2015 and obtained permission of the Assistant Commissioner, Endowments Department, Ongole. But the work of excavation of earth at the subject tank under the “Neeru- Chettu” programme was not executed. As such, without permission from the 3 competent authority, the excavation of earth from the tank is carried out by the petitioner. The petitioner has to submit the approvals of the same and work order from the concerned Department. In absence of the permissions, the excavation of ordinary earth at the subject tank is treated as illegal and liable for penalization as per Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966. As such, the writ petition is not maintainable questioning the show-cause notice and the petitioner has an opportunity of giving explanation for the show-cause notice. Hence, sought for dismissal of the writ petition. 4. Heard Mr.Ashok Kamireddy, learned counsel, representing Mr.I.Koti Reddy, learned counsel for the petitioner, learned Assistant Government Pleader for Mines and Geology, appearing for the respondents 1 and 3 and learned Assistant Government Pleader for Panchayat Raj, appearing for the 2^^ respondent. Perused the material available on record. 5. 6. On hearing the submissions made by both learned counsels, it appears that on receipt of the show-cause notice, the petitioner has not submitted any explanation, but filed this writ petition. It is for the petitioner to submit her explanation to the show-cause notice dated 15.06.2016. However, in order to give one more opportunity to the petitioner and without going into the merits of the case, the petitioner can be directed to submit her explanation to the show- cause notice dated 15.06.2016 and then, it is for the respondent authorities to consider the same and pass appropriate orders. 7. Accordingly, the Writ Petition is disposed of, directing the petitioner to rd submit her explanation to the show-cause notice dated 15.06.2016, to the 3 respondent along with necessary approvals from the competent authority for excavation and transportation of 8140.80 cubic meters from the subject tank, within a period of fifteen (15) days from the date of receipt of a copy of this order. On receipt of such explanation, the 3'^ respondent is directed to dispose of the same, in accordance with law, by giving opportunity to the petitioner, within a period of two (02) months from the date of receipt of the explanation submitted by the petitioner. There shall be no order as to costs. 8. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// lON-eFFTCE^ To, 1. The Principal Secretary, Mines & Geology, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, (Panchayat Raj) Prakasam District, Ongole. 3. The Asst. Director of Mines and Geology, (Vigilance), Prakasam District, Ongole. 4. One CC to Sri Koti Reddy Idamakanti Advocate [OPUC] 5. Two CCs to GP for Industries & Commerce, High Court of Andhra Pradesh. [OUT] 6. Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh. [OUT] 7. Two CCs to GP for Panchayat Raj Rural Dev, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies TF w HIGH COURT DATED:20/01/2025 ORDER WP.No.21829 of 2016 o 2 8 FEB 2C25 I ^ Current Section ^ f*ATC DISPOSING OF THE W.P., WITHOUT COSTS