Extracted from the PDF above. The PDF is authoritative.
APHC010451402024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 23205/2024 Between:
1. MAHADEVA ENTERPRISES, ANKALAPATUR VILLAGE, CHILLAKUR MANDAL TIRUPATHI DISTRICT REP BY ITS PROPRIETOR DUVUURU MADHUSUDANA REDDY
...PETITIONER AND
1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY INDUSTRIES AND COMMERCE DEPARTMENT SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT
2. THE COMMISSIONER, DIRECTOR OF MINES AND GEOLOGY GOVERNMENT OF ANDHRA PRADESH IBRAHIMPATNAM, NTR DISTRICT
3. THE DISTRICT MINES AND GEOLOGY OFFICER, NELLORE, SPSR NELLORE DISTRICT
4. THE DIVISIONAL MINES AND GEOLOGY OFFICER, GUDUR, TIRUPATHI 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 to issue an appropriate order or direction more particularly, one in the nature of Writ of MANDAMUS declaring the action of respondents in not allowing to operate Mineral Dealer License No. MDL0109009889 of the petitioner by blocking his user ID without following any procedure established
2
by law as illegal, arbitrary, malafidy, ultra- vires, discriminative, contrary to law and against to the principles of natural justice apart from being violative of Articles 14 and 19 (g) the Constitution of India and consequently direct the respondents to allow the petitioner to operate his Mineral Dealer License No MDL0109009889 of petitioner in the interest of justice and pass IA 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 direct the respondents to unblock the petitioner’s Mineral Dealer License No. MDL0109009889 pending disposal of the above writ petition in the interest of justice 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 to grant leave to file Reply Affidavit in the W.P. No. 23205 of 2024 filed by the petitioner in the interest of justice Counsel for the Petitioner:
1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S):
1.
GP FOR MINES AND GEOLOGY The Court made the following Order:
Heard Sri Kambhampati Ramesh Babu, learned counsel for the petitioner and the learned Assistant Government Pleader for Mines and Geology for the respondents. 2. The petitioner holds a mineral dealer license under the Andhra Pradesh Mineral Dealers Rules, 2017, authorizing the purchase, sale, and storage of silica sand. The grievance of the petitioner in the instant Writ Petition is against action of the respondents in blocking the petitioner’s user ID. 3
3. The respondent No. 4 filed a counter-affidavit stating that the Department's technical team conducted a joint inspection. During the joint inspection, it was found that the petitioner was in possession of 2733 MT of mineral stock against the permitted quantity of 427.70 MT, the balance quantity of 2507.30 MT lacks documentary evidence of payment of the Seigniorage Fee to the Government. Accordingly, the action was proposed in terms of Section 26(3)(ii) of Andhra Pradesh Minor Mineral Concession Rules, 1966, and the Show Cause Notice, dated 17.10.2024, was issued to the petitioner calling for explanation and documentary evidence,if any, for the excess quantity of mineral. 4. The petitioner submitted a reply to the Show Cause Notice with a detailed explanation on 04.11.2024 and also submitted a representation to the Divisional Mines and Geology Officer, Gudur, on 27.01.2025, concerning the alleged stock without valid vouchers. No further orders have been passed since the date of the notice, and the petitioner’s mineral user ID remains blocked, preventing him from conducting business. Thus, the petitioner has approached this Court by way of the instant Writ Petition. 5. Considered the submissions. Having regard to the contentions advanced, it appears that since the issuance of the show cause notice, no final proceedings have been passed despite the petitioner submitting an explanation. Having regard to the same, this Court deems it appropriate to dispose of the instant Writ Petition directing the respondent No.4 to pass appropriate orders pursuant to the show cause notice, considering the
4
explanation of the petitioner after giving sufficient opportunity of hearing to the petitioner in accordance with law, within a period of four (04) weeks from the date of receipt of the order. 6. With the above observation, the Writ Petition is disposed of.There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed.
______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 23.12.2025 MSI
5
23 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 23205/2024
Dated: 23.12.2025 MSI