IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 36307 OF 2016 Between: 1. Mutyala Satyavathi, W/0 Sri Satyanarayana, Aged about 50 years, resident of D No. 6 - 151, Seethanagaram Village and Mandal, East Godavari District, Andhra Pradesh. 2. Sangisetty Macharamma, W/0 Sri Adinarayana, Aged about 72 years, resident of D No. 6 - 151, Seethanagaram Village and Mandal, East Godavari District, Andhra Pradesh. ...Petitioners AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Industries & Commerce (Mines I) Department, 2nd Block A. P. Secretariat, Velagapudi, Tulluru (M), Guntur District, A.P. 2. The Director of Mines & Geology, State of Andhra Pradesh, B.R.K.R. Bhawan, Saifabad, Hyderabad 3. The Deputy Director of Mines & Geology, Kakinada. 4. The Assistant Director of Mines & Geology, East Godavari District, Rajahmundry, East Godavari District. 5. The District Collector, East Godavari District, Kakinada. ...Respondents 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 a Writ, order or a Direction, one more in the nature of a Writ of Mandamus Declaring that the orders in Memo No. ; - 8 dated 17.10.2016 passed by the 1st Respondent i;. fhe f?e|isipn Petition filed by -the Petitioners as illegal, arbitrary and ;^constitutional being in violation of Article) s 14, 19 (1) (g), 21 and 300 A in 5f the .Constitution of India; and ii. Consequently set aside the orders in Memo No. 15595/M.I(2)/2015 - 8 dated 17.10.2016 passed by the 1st Respondent: and iii. Further permit the Petitioners to continue their de casting operations over their Patta Lands in terms of the Government Memo No. 6178/SPIU & SAND/AI/2014 - 1 dated 26.05.2014. I.A. NO: 1 OF 2016(WVMP. NO: 4862 OF 20161 1. The Principal Secretary, Government of Andhra Pradesh, Industries & Commerce Department, Secretariat, Hyderabad. 2. The Director of Mines & Geology, State of Andhra Pradesh, B.R.K.R. Bhawan, Saifabad, Hyderabad 3. The Deputy Director of Mines & Geology, Kakinkda. 4. The Assistant Director of Mines & Geology, East Godavari District Rajahmundry, East Godavari District, v/" ...Petitioners/Respondents AND v/ 1. Mutyala Satyavathi, W/0 Sri Satyanarayana, Aged about 50 years, resident of D No. 6 - 151, Seethanagaram Village and Mandal, East Godavari District, Andhra Pradesh. 2. Sangisetty Ma'dfiaramma, W/0 Sri Adinarayana, Aged about 72 years, resident of D No. 6 - 151, Seethanagaram Village and Mandal, East Godavari District, Andhra Pradesh. ...Respondents/ Petitioners 5. The District Collector, East Godavari District, Kakinada. J ...Respondent/Respondent 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 vacate the interim orders made in WPMP.No.44722 of 2016 in WP.No. 36307 of 2016 dt. 26.10.2016. I.A. NO: 2 OF 2016rWPMP. NO: 44721 OF 2016) 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 renew or grant anew the Mineral Dealers' License to the Petitioners on payment of appropriate fees. LA. NO: 3 OF 2016rWPMP. NO: 44722 OF 2016) 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 suspend the orders in 15595/M.I(2)/2015 -8 dated 17.10.2016. ^ Government Memo No. I.A. NO: 4 OF 2016(WPMP. NO: 44723 OF 20161 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 accept the Bank Guarantees to amount of Rs. 20,00,000/- drawn by the Petitioners pending the finalization of the Revision Application before the 1st Respondent and lift the seizure orders w.r.t. stocks of 24,065 Cu Meters, as per the orders of the Honorable High Court passed in W. P. No.30603 of 2014, W P No. 30166 of 2014 and W P No. 32048 of 2014 dated 26.08.2015. an v/ Counsel for the Petitioner: SRI. SIVARAJU SRINIVAS Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following order: 1 APHC010648182016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] MONDAY ,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 36307/2016 Between: Mutyala Satyavathi and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.SIVARAJU SRINIVAS Counsel for the Respondent(S): 1.GP FOR MINES AND GEOLOGY (AP) The Court made the following: ORDER This petition is filed under Article 226 of the Constitution of India for the following relief:- “...to issue a Writ, order or a Direction one more in the nature of a Writ of Mandamus declaring that the orders In Memo No. 15595/M.I(2)/2015-8 dated 17.10.2016 passed by the Petitioners as illegal, arbitrary and unconstitutional being in violation of Articles 14, 19 (1) (g), 21 and 300-A of the Constitution of India and ii) Consequently set aside the orders in Memo No.15595/M l(2)/2015-8, dated 17.10.2016 passed by the P' Respondent and Hi) Further permit the Petitioners to continue their decasting operations over their St Respondent in the Revision Petition filed by the 2 Patta Lands in terms of the Government Memo N0.6178/SPIU SAND/AI/2014-1, dated 26.05.2014 and iv) pass such other order or orders as may be deemed fit and proper by this Honorable Court... ”. The case of the petitioners in brief is that the petitioners are the owners and possessors of agricultural lands admeasuring an extent of Ac.6.90 cents in Sy.No.38/4A(Ac.4.40 cents) and 38/4B(Ac.2.50 cents) of Seethanagaram Village and Mandal, East Godavari District. Thereafter, on the application made by the petitioner in accordance with G.O.Ms.No.186 and G.O.Ms.No.63 dated 22.02.2014, permission was granted to the petitioner to de-cast their patta lands and remove a total quantity of 84,640/- CU Meters of sand. Accordingly, the petitioners have been removing the sand in strict accordance with the rules without giving any scope for complaint from any quarter. However, a demand notice has been issued to the petitioner proposing to impose penalty for illegal quarrying by alleging that the petitioners have removed an excess quantity of 1,09,384/- cubic meters and thereafter, the 3'^'^ respondent has seized 24,065 cubic meters of sand lying at the petitioners license point. The petitioners has submitted explanation, to the proceedings issued by the Collector, dated 27.09.2014. Thereafter, a revision application was filed under Rule 35 of the AP Minor Mineral Concession Rules, 1966 before the 1®' respondent and the 1®* respondent has passed the impugned orders, dated 17.10.2016, directing the petitioners to pay normal seigniorage fee together with one time penalty within 30 days from the date of receipt of the order. Aggrieved by the said order, dated 17.10.2016, the present Writ Petition has been filed. 2. dated 14.09.2015 3 This Court on 26.10.2016 while issuing ‘Rule Nisi’ has passed the 3. following interim order:- "... There shall be stay to the extent of penalty imposed by the respondent under the order, dated 13.01.2015. In so fares seignorage fee, which is being demanded under the order, dated 13.10.2015 petitioners shall pay the same in three installments. First installment being Rs. 13,75,360/- on or before 05.11.2016; second instalment being Rs.20 lakhs on or before 30.11.2016 and the third instalment being the remaining amount by 25.10.2026. In so far as other reliefs, which the petitioners seek concerned, they are at liberty to approach the respondent authorities for appropriate orders'. are Heard Mr Naveen Kumar, learned counsel representing on behalf of Mr Sivaraju Srinivas, learned counsel for the petitioners and the learned Government Pleader for Mines and Geology appearing for the respondents. 4. On hearing, learned counsel for the petitioners submits that per the interim orders of this Court, dated 26.10.2016 the seigniorage fee has been paid by the petitioners. He further submits that aggrieved by the Demand Notice, dated 13.10.2015, the petitioners have filed revision before the 1®* respondent and the same was disposed of by the 1®‘ respondent vide order, dated 17.10.2016, directing the petitioners to pay normal seigniorage fee together with one time penalty within 30 days from the date of receipt of the order. He further submits that no tenable reasons are mentioned in the Revision order and a bare reading of the Revision order shows that the 1®‘ 5. as J ) i 4 respondent has passed the impugned order, dated 17.10.2016 in a mechanical manner. Hence, the learned counsel requests to set aside the impugned Revisional Order passed by the 1®‘ respondent, dated 17.10.2016. 6. Whereas, the learned Government Pleader for Mines and Geology appearing for the respondents opposed for grant of any relief in this Writ Petition and prays to dismiss the same. 7. Considering the submissions of learned counsel for the petitioners and the learned Government Pleader for Mines and Geology, the St Revision order passed by the 1 respondent vide Memo St No.15595/M.I(2)/2015-8, dated 17.10.2016 is hereby set aside. The 1 respondent is directed to consider the matter afresh and pass appropriate reasoned orders in accordance with law within a period of three (3) months from the date of receipt of a copy of this order. 8. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. I Sd/- M PRABHAKAF^RAO ASSISTANT REX31STRAR //TRUE COPY// SECTION OFFICER To, 1 The Principal Secretary, Industries & Commerce (Mines I) Department, State of Andhra Pradesh, 2nd Block A. P. Secretariat, Velagapudi, Tulluru (M), Guntur District, A.P. 2. The Director of Mines & Geology, State of Andhra Pradesh, Vijayawada. 3. The Deputy Director of Mines & Geology, Kakinada. 4. The Assistant Director of Mines & Geology, East Godavari District, Rajahmundry, East Godavari District 5. The District Collector, East Godavari District, Kakinada. 6. One CC to Sri Sivaraju Srinivas Advocate [OPUC] 7. Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP FOR INDUSTRIES AND COMMERCE, High Court of Andhra Pradesh [OUT] 9. Three CD Copies GSC HIGH COURT DATED;03/02/2025 ORDER WP.No.36307 of 2016 DISPOSING OF THE WP WITHOUT COSTS