\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JANUARY /C TWO THOUSAND AND TWENTY FIVE /"oo |\|V /I-* '■'^11 ■ V7 >■,/ PRESENT -c- THE HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 1645 OF 2025 Between: M/s. Tirumala Granites. Sy.No.Part 2, Geddelapoluru Village, Meliapuuti Mandal, Srikakulam District, Represented by its Proprietor. Smt. Sushila Kumari. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Mines and Geology Secretariat building at Velagapudi. 2. Divisional Mines and Geology Officer, Tekkali, Srikakulam 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 a Writ, order or direction, especially one in the nature of Writ of Mandamus declaring the Demand Notice No. 1497/M DL/2022-6dt. 12.06.2023 issued by Respondent No.2 without considering the reply given by the petitioner for the Show cause notice dt. 12.09.2022 and thereby insisting the petitioner to pay an amount of Rs. 16,80,572/- towards penalty as arbitrary, illegal in violation of Principles of Natural Justice without jurisdiction and violative of Article 14 and 19 of Constitution of India and contrary to APMMC Rules, 1966 consequently set aside the same. 0 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 suspend the Demand Notice No. 1497/MDL/2022- i 6dt. 12.06.2023 issued by Respondent No.2 pending disposal of WP. Counsel for the Petitioner: SRI K SAI NAVEEN REPRESENTING M/S. UTTARA LEGAL Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following: ORDER APHC010031542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] !■ J- Si-:: H FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 1645/2025 Between: Tirumala Granites ...PETITIONER AND The State Of Andhra Pradeshq and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. UTTARA LEGAL Counsel for the Respondent(S): 1.GP FOR MINES AND GEOLOGY The Court made the following: ORDER This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:- ",., pleased to issue a Writ order or direction especially one in the nature of Writ of Mandamus declaring the Demand Notice No. 1497/MDU2022-6, dt 12.06.2023 issued by Respondent No.2 without considering the reply given by the petitioner for the Show cause notice dt 12.09.2022 and thereby insisting the petitioner to pay an amount of Rs. 16,80,572/- towards penalty as arbitrary, illegal in violation of Principles of w Justice without jurisdiction and violative of Article of Constitution of India and contrary to APMMC 1966 consequently set aside the same and pass.... Natural 14 and 19 Rules, The case of the petitioner in brief is that the petitioner is a Mineral dealer license (for short the MDL) of Mines and Geology, Srikakulam for a 2. Partnership firm and was granted a 09.10.2018 by the Deputy Director Thereafter, 2 on respondent had issued a show-cause mentioned that the technical staff had unit on 06.04.2022 and reported that there are 3 of 301 cbm. As per the inspection report, the nd period of 20 years. notice on 16.08.2022 wherein it was visited the petitioner’s number of raw granite blocks 4 cbm available in the MDL unit of the petitioner. In has submitted explanation on 12.09.2022 difference quantity is response to the same, the petitioner Respondent No.2 has passed the a penalty of Thereafter, explaining the reasons. impugned demand notice, dated 12.06.2023 imposing of normal seignorage fee, consideration Rs.16,80,572/- which is inclusive five times penalty, DMF and MERIT in exercise of povrrer under Rule amount, 26(3) (ii) of APMMC Rules. The petitioner was advised to file revision before filed revision on 23.08.2023. the Government and accordingly, the petitioner of the Revision, Respondent No.2 is threatening to take During pendency action against the demand notice, dated 12.06.2023. Hence, the present Writ Petition is filed. Heard Mr K.Sai Naveen, learned counsel representing on behalf of Uttara Legal for petitioner and Smt Sudeepthi Government Pleader for Mines and Geology appearing for the respondents. 3 learned Assistant On hearing, \A/hile reiterating the averments made in Writ Petition learned counsel for the petitioner submits that aggrieved by the Demand Notice, dated 12.06.2023, the petitioner has filed revision before the 1 4. I St respondent. During pendency of the said Revision, the 2"^^ respondent is proceeding to take steps in pursuance of the impugned Demand Notice, dated 12.06.2023 which is illegal and arbitrary. Hence, the learned counsel for the petitioner requests to pass appropriate orders. 5. Smt Sudeepthi, learned Assistant Government Pleader for Mines and Geology appearing for the respondents opposed for grant of any relief in this Writ Petition and prayed to dismiss the same. 6. Considering the submissions of learned counsel for the petitioner St and the learned Assistant Government Pleader for Mines and Geology, the 1 respondent is directed to consider and dispose of the Revision filed by the petitioner, dated 12.06.2023 within a period of two (02) months from the date of receipt of a copy of this order. 7. With the above directions, this Writ Petition is disposed of at the stage of admission. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// OFFICER SB To, 2. The Divisional Mines and Geology Officer 3. One CC to M/s. Uttara Legal Advocate [ 4. Two^cCs to GP for Mines and Geology, High Court of Andhra Pradesh. 5. Three CD Copies Tekkali, Srikakulam District [OPUC] TF HIGH COURT DATED:24/01/2025 ORDER WP.No.1645 of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS