IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 2471 OF 2025 Between: M/s.R.M.Exports, Sy.No.11/2,3,4, Dheenabhandupuram Village, Meliapuuti Mandal, Srikakulam District, Represented by it Managing Partner Jayanth Saig ...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 & Geology Officer,Tekkali, Srikakulam District. ...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 direction, especially one in the nature of WRIT OF MANDAMUS declaring the Demand Notice No. 1497/MDL/2022-7 dt.27.06.2023 issued by Respondent No.2 without considering the reply given by the petitioner for Show cause notice dt.09.09.2022 and thereby insisting the petitioner to pay an amount of Rs.36,06,661/- towards the as arbitrary, illegal in violation of Principles of Natural Justice without jurisdiction and violative of Articles 14 and 19 of Constitution of India and contrary to APMMC Rules consequently set aside the same. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in th,e affidavit filed in support of the petition, the High Court may be to suspend“the Demand Notice No. 1497/MDL/2022-7 dt.27.06.2023 issued by Respondent No 2 pending disposal of Writ Petition. Counsel for the Petitioner: SRI K.SAI NAVEEN FOR M/s.UTTARA LEGAL Counsel for the Respondent Nos. 1 & 2: GP FOR MINES & GEOLOGY The Court made the following: ORDER APHC010031492025 / IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] TUESDAY ,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 2471/2025 Between: R.m.exports ...PETITIONER AND The State Of Andhra Pradesh 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: The Writ Petition is filed under Article 226 of the Constitution of India seeking 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/MDU2022-7 dt 27.06.2023 issued by Respondent No.2 without considering the reply given by the petitioner for Show cause notice dt 09.09.2022 and thereby insisting the petitioner to pay an amount of Rs.36,06,6617- towards the as arbitrary illegal In violation of Principles of Natural Justice without jurisdiction and violative of Article i.- w 14 and 19 of Constitution of India and contrary to APMMC Rules consequently set aside the same and pass...” Heard Mr K.Sai Naveen, learned counsel for the petitioner and the learned Government Pleader for Mines and Geology appearing for 2. Respondents. On hearing, learned counsel for the petitioner submits that the matter is squarely covered by the order passed by this Court in W.P.No.1645 of 2025, dated 24.01.2025, and hence, requests this Court to pass similar order in this petition also. The operative portion of the said order is as follows:- 3. Considering the submissions of learned counsel for the petitioner and the learned Assistant Government Pleader for Mines and Geology, the 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. 6. With the above directions, this Writ Petition is disposed of at the stage of admission. There shall be no order as to costs. 1. Learned Government Pleader for Mines and Geology appearing for the respondents opposed for grant of any relief in the writ petition and 4. prayed to dismiss the same. 5. In view of the submission made by both the learned counsels and upon perusing the entire material available on record, this Court deems fit to dispose of the present Writ Petition in terms of the said order. 6. Accordingly, this Writ Petition is disposed of in terms of the order t passed in W.P.No.1645 of 2025, dated 24.01.2025. There shall be no order as to costs. 7. The Registry is directed to attach a copy of the order passed in W.P.No.1645 of 2025, dated 24.01.2025 to this order. As a sequel, miscellaneous applications pending, if any, shall stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Mines & Geology, State of Andhra Pradesh Secretariat Building, Velagapudi, Amaravati, Guntur District. 2. The Divisional Mines & Geology Officer, Tekkali, Srikakulam District. 3. One CC to M/s. Uttara Legal, Advocate [OPUC] > 4. One CC to Sri K.Sai Naveen, Advocate [OPUC] 5. Two CCs to GP for Mines & Geology, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. ( Along with the Copy of the Order in WP.No.1645 of 2025 dated 24.01.2025) gi f HIGH COURT DATED:04/02/2025 ORDER WP.No.2471 of 2025 11< FES 2025 . Current 6euiion ^ o Co, DISPOSING OF THE WRIT PETITION WITHOUT COSTS APHC010031542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] 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: ...PETITIONER Tirumala Granites AND ...RESPONDENT{S) The State Of Andhra Pradeshq and Others 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/MDL/2022-6, 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 jurisdiction ^ and 19 of Constitution Rules, 1966 r.f, w violative of Article consequentlysetZTtteTZVnTq,T': 2. The Partnership ifrm case of the petitioner in brief i and was granted on 09.10.2018 by the Deputy Director period of 20 notice on 16.08.2022 IS that the petitioner is a (for short ‘the MDL’) of Mines and Geology. Srikakulam a Mineral dealer license fora 'ssued a s/7ow-caiyse technical staff had reported that there years. Thereafter, 2'^'^ wherein it respondent had i was mentioned that the visited the petitioner’ number of raw difference s unit on 06.04.2022 and are 3 granite blocks of 301 cbm. quantity is 4 cbm available As per the iinspection report, the petitioner. In in the MDL unit of the response to the same, the petitioner has reasons. Thereafter, notice, dated which is inclusive submitted explanation Respondent No.2 12.06.2023 imposing a on 12.09.2022 explaining the impugned demand has passed the penalty of seignorage fee, consideration Rs. 16,80,572/ of normal sei penalty, DMF and MERIT i amount, five times 26(3) (ii) of APMMC the Government During pendency of the action against the demand Petition is filed. in exercise of power under Rule Rules. The petitioner was advised to file revision before and accordingly, ,be petitioner hied revision on 23.08.2023. Revision, Respondent No.2 is notice, dated 12.06.2023. Hence, the threatening to take present Writ Heard Mr K.Sai Naveen, learned counsel representing on behalf of Uttara Legal for petitioner and Smt Sudeepthi, learned Assistant Government Pleader for Mines and Geology appearing for the respondents. 3. 4. On hearing, while reiterating the averments made in Writ Petition learned counsel for the petitioner submits that aggrieved by the Demand dated 12.06.2023, the petitioner has filed revision before the 1®* 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. Notice 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 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. With the above directions, this Writ Petition is disposed of at the stage of admission. There shall be no order as to costs. 7. As a sequel, miscellaneous applications pending, if any, shall stand closed. DR. K. MANMADHA RAO, J. Date: 24.01.2025 TM