IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 1492 OF 2025 Between: Sri Krishna Minerals, Proprietor K. Chandra Mohan Reddy, D.No1-301 Dwaraka Nagar,Anantapuramu, Andhra Pradesh ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretaryindustries and Commerce Department Secretariat Buildings, Velagapudi, Amaravathi Guntur District. 2. The Director of Mines and Geology, lbrahimpatnam,Vijayawada. 3. Divisional Mines and Geology Officer, Tadipatri, Anantapuram 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 an appropriate writ, order or direction more especially one in the nature of Writ of Mandamus challenging the demand notice one No. 1222/M2/2003 dated 21.12.2024 issued by the 3rd respondent and stopped the permits to the petitioners quarry lease for dolomite to an extent of 16.188 Hectors in Survey No. 328/B (Part) of Chandana Village, Yadiki Mandal, Anantapuramu District without furnishing the documents of vigilance enquiry and without considering the representation dated 29.10.2024 made by the petitioner is illegal, arbitrary, and unjust and contrary to the repeated rulings given by the Hon'ble Supreme Court reported in AIR 1988 SC 1301, AIR 1990 SC 1417 and AIR 1999 SC 1417 and consequently quash the demand notice NO.1222/M2/2003 dated 21.12.2024 issued by the 3rd respondent and direct the respondents to furnish the documents of vigilance enquiry and issue the permits to the petitioner quarry lease for dolomite to an extent of 16.188 Hectors in Survey No. 328/B (Part) of Chandana Village, Yadiki Mandal, Anantapuramu District. lA NO: 1 OF 2025 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 grant an interim suspension of the proceedings of demand Notice No.1222/M2/2003 dated 21.12.2024 issued by the 3rd respondent pending disposal of the present writ petition. lA NO: 2 OF 2025 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 respondents No. 2 and 3 grant the permits to the petitioners quarry lease for dolomite to an extent of 16.188 Hectors in Survey No. 328/B (Part) of Chandana Village, Yadiki Mandal, Anantapuramu District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI JYOTHI ESWAR GOGINENI Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following: ORDER 1 APHC010029152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] THURSDAY .THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 1492/2025 Between: Sri Krishna Minerals ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.JYOTHI ESWAR GOGINENI 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: “ challenging the demand notice one No.1222/M2/2003 dated 21.12.2024 issued by the 3"“^ respondent and stopped the permits to the petitioner's quarry lease for dolomite to an extent of 16.188 Hectors in Survey No.328/B (Part) of Chandana Village, Yadiki Mandal, Anantapuramu District without furnishing the documents of vigilance enquiry and without considering the representation dated 29.10.2024 made by the petitioner is illegal, arbitrary, and unjust and contrary to the repeated rulings given by the Hon’ble Supreme Court reported in AIR 1988 SC 1301, AIR 1990 SC 1417 2 Anantapu'emTosTtrlltal^^^^^^^^^ lerolToror^T^^^^^^^^ 2. Facts of the case, in brief, are that the petitioner lease for Dolomite in Sy.No.328/B (Part) of Chandana Anantapuramu District respondent vide G.O.Ms.No.113 Department, dated 09.05.2008 for upon the mining lease. was granted mining Village, Yadiki Mandal, over an extent of 16.188 Hectares by the Industries and Commerce a period of twenty (20) years. Consequent 1 (M.lll) an agreement was concluded with the 3'"^ respondent on 06.04.2010 and the lease period will be in force up to 05.04.2030 the work order issued by the 3‘ as per respondent as per the proceedings Since then, the petitioner has been per the terms and conditions of the lease agreement and has been obtaining dispatch permits from the 3'" respondent and used to sell the material in the market. NO.1222/M2/2003, dated 06.04.2010. conducting mining operations as While so. on 22.06.2022, the officials of the Regional Vigilance Enforcement Officer, Ananthapuramu along with local and revenue officials, have petitioner and basing on the inspection report, the 3'“ respondent has issued show-cause notice dated 23.03.2024. Thereafter, the petitioner has submitted inspected the quarry lease premises of the his reply on 29.10.2024 and requested the 3^^ respondent to submit all the show-cause notice. references quoted in the In reply to the said letter, the 3'"^ respondent has 3 submitted few documents, which did not contain the survey map which is Again, the petitioner vide letter dated 12.12.2024 requested for supply of survey map. But the 3^"^ respondent, without supplying the survey map, has raised demand notice vide No.1222/M2/2003, dated crucial in this case. 21.12.2024 directing the petitioner to pay an amount of Rs.1,07,98,825/- Rs.5,39,94,125/- towards penalty towards normal seigniorage fee. Rs.32,39,648/- towards DMF, Rs.2,15,977/- towards MERIT and Rs.1,07,98,825/- towards consideration amount, totalling to Rs.7,90,47,400/- for misuse of dispatch permits for a quantity of 1,07,988.3 MTs of Dolomite, within fifteen days from the date of receipt of the notice. Challenging which. the present writ petition is filed. Heard learned counsel for the petitioner and learned Assistant 3. Government Pleader for Mines and Geology, appearing for the respondents 1 to 3. Perused the material available on record. 4. On hearing the submissions of learned counsel for the petitioner and upon perusal of the material available on record, it appears that the respondent authorities have not supplied the documents properly whatever the reports sought by the petitioner vide letter dated 12.12.2024 and raised the impugned demand notice, which act is illegal and arbitrary. These are Hence, the 5. ( significant issues that warranted a full and fair consideration. 4 impugned demand notice dated 21.12.2024 issued by the 3^^ respondent is liable to be set aside. 6. Therefore, the Writ Petition is disposed of, setting aside the impugned rd demand notice No.1222/M2/2003, dated 21.12.2024 issued by the 3 respondent. Further, the petitioner is directed to submit his fresh representation with regard to furnishing their copies, which are required for submitting their explanation to the respondent authorities, within a period of ten (10) days from the date of receipt of a copy of this order. On receipt of such representation, the respondent authorities shall furnish the copies to the petitioner. Thereafter, the petitioner has to submit their explanation to the respondent authorities within a period of four (04) weeks and on receipt of such explanation, the respondent authorities are directed to pass appropriate orders while giving opportunity to the petitioner, in accordance with law, within a period of three (03) months. Till such time, the respondents are directed not to take any coercive steps against the petitioner. There shall be no order as to costs. 7. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- SRINIVAS ASStSTANT REGISTR^* //TRUE COPY// SECTON OFFICER To 1. The Principal Secretaryindustries and Commerce Department Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Director of Mines and Geology, lbrahimpatnam,Vijayawada. 3. Divisional Mines and Geology Officer, Tadipatri, Anantapuram District. 4, One CC ot Sri Jyothi gswar Goginenii Advocate [OPUC] Two CCS to GP for Mines and Geology, High ' [OUTl 0. Three CD Copies : Court of Andhra Pradesh. TF high court DATED;23/01/2025 ORDER WP.No.1492 of 2025 disposing of the W.P., WITHOUT COSTS