1 APHC010567642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 29427/2025 Between: 1. CHIRLA RAMA REDDY AND CO, D.NO.2-295, SRINAGAR COLONY, ANAPARTY, EAST GODAVARI DISTRICT. REP BY ITS MANAGING PARTNER, SMT.CHIRLA SANTOSHI PAVANI. ...PETITIONER AND 1. THE STATE OF AP, DEPT, OF MINES AND GEOLOGY, SECRETARIAT, VELGAPUDI, GUNTUR DISTRICT. REP BY ITS PRINCIPAL SECRETARY. 2. THE DIRECTOR OF MINES AND GEOLOGY GOVT, OF ANDHRA PRADESH SRI ANJANEYA TOWERS, D. NO. 7-104, B-BLOCK, 5TH AND 6TH FLOORS, LBRAHIMPATNAM,VIJAYAWADA, ANDHRA PRADESH - 521456. 3. THE DISTRICT MINES AND GEOLOGY OFFICER, NEAR LUTHERAN CHURCH. CANTONMENT, VIZIANAGARAM DISTRICT -535001 ...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 topleased to issue a writ of mandamus declaring Demand Notice No.1604/REandVO/2025-4 dated 31.07.2025passed by Respondent No.3 as illegal, arbitrary and without jurisdiction and violative of principles of natural justice Article r/w A.P.Minor Mineral14 and 19 of the Constitution of India 2 Concession Rules, 1966and not to interfere with the petitioner business and consequently set-aside the same 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 pleased to suspend the Respondent No.3 from proceeding against the petitioner with reference to the Demand Notice NO.1604/REandVO/2025-4 dated 31.07.2025pending disposal of the W.P and pass IA NO: 2 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 pleased to direct the Respondents to issue e-permits/Dispatch Permits to the petitioner forthwith pending disposal of WP and pass Counsel for the Petitioner: 1. UTTARA LEGAL Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY The Court made the following: ORDER: Heard Sri K. Sai Naveen, learned counsel appearing for the petitioner and the learned Assistant Government Pleader Mines and Geology, appearing for the respondents. 2. Challenging the action of the 3rd respondent in issuing the Demand Notice No.1604/RE&VO/2025-4 dated 31.07.2025, the instant Writ Petition has been filed. 3 3. A perusal of the impugned order reflects that while raising the demand and directing the petitioner to pay the demand raised it has been observed as follows : “In view of the above circumstances. M/s.Chirla Rama Reddy & Co.. Mgp. Smt. Chirla Santoshi Pavani is here by requested to pay an amount of 1.)Rs. 2,54,12,940/- towards Normal Seigniorage Fee. 2.)Rs. 7,35,76,512/- towards Price of the Mineral value. 3.Rs. 76,23,882 towards DMF, 4.)Rs. 5,08,259/- towards MERIT totaling of 5.)Rs.10,71,21,593/- ( Rupees Ten Core Seventy One Lakhs Twenty One Thousand Five Hundred Ninety Three Only) and Income Tax Rs. 5,08,259/- (Five Lakhs Eighty Thousand Two Hundred Fifty Nine Rupees Only) for miss-used transit forms for a quantity of 2,42,028 MTs of road metal from the quarry lease held M/s.Chirla Rama Reddy & Co., Mgp. Smt.Chirla Santoshi Pavani for Road Metal and Building Stone over an extent of 4.00 Ha, Sy.No.45, Pedadungada(v), Vepada(m). Vizianagaram Dist under Rule 34(1) of A.P.M.M.C. Rule, 1966 read with Rule 26 of APMMC Rules 1966 within 15 days from the date of the receipt the demand to the following Head of accounts as mentioned below. As per the findings of the Regional Vigilance & Enforcement Officer. Srikakulam. The explanation should be reached to this office within 15 days from the date of receipt of this notice. Failing which old necessary action will be initiated as per Rule 34(1) of A.P.M.M.C. Rule. 1966.” 4. From the same, it appears that the respondent after levying the demand has sought for explanation of the petitioner implying as if the said explanation is called for before raising the demand, thus the impugned order suffers from non application of mind rendering the proceedings invalid. 4 5. Having regard to the above, the Writ Petition is disposed of, setting aside the impugned Demand Notice No.1604/RE&VO/2025-4 dated 31.07.2025 and the matter is remanded back to the authorities, for passing appropriate orders. It is needless to observe that the petitioner shall be afforded sufficient opportunity of hearing. There shall be no order as to costs. Consequently, miscellaneous applications, if any, pending shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date:03.12.2025 MVK 5 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO:29427 of 2025 Date:03.12.2025 MVK