IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO ' WRIT PETITION NO: 24857 OF 2024 ^ Between; Vadlamudi Srinivasulu, S/o.Venkateswarlu, Aged about 55 years, R/o.H.No.7-267 (60 Sujatha Nagar), 2""^ line, near Police Quarters, Lawyer Pet, Ongole, Prakasam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Mines and Geology Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Director of Mines and Geology, Government of Andhra Pradesh, Ibrahimpatnam, Vijayawada, Krishna District. 3. The District Mines and Geology Officer, Prakasam District at Ongole. 4. The Divisional Mines and Geology Officer, Markapuram, Prakasam 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 of Mandamus, or other appropriate writ, order or direction, declaring the Demand Notice No.2843/Q/2016 dated 28-09-2024 respondent herein as highly illegal, arbitrary, th issued by the 4 unreasonable, violation of Principles of Natural Justice and violative of Article 14 and 19(l)(g) of the Constitution of India and contrary to the provisions of the Andhra Pradesh Minor Mineral Concessions Rules, 1966 and Andhra Pradesh Mineral Dealers Rules, 2017 and consequently set-asTde the Demand Notice No.2843/Q/2016 dated 28-09-2024 issued b/ the 4*^respondent herein./ ■ . f ^ .iAMljM2Q24 -^/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 Demand Notice No.2843/Q/2016 dated 28-09-2024 issued by the 4*^^ respondent herein, pending disposal of the writ petition. Counsel for the Petitioner: SRI P. L. NARASIMHA RAO Counsel for the Respondent Nos.1 to 4: GP FOR MINES AND GEOLOGY' The Court made the following: ORDER APHC010482622024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 24857/2024 Between: ...PETITIONER Vadlamudi Srinivasulu AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.P L NARASIMHARAO 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: to issue a Writ of Mandamus or other appropriate writ, order or direction declaring the Demand Notice No.2843/Q/2016 dated 28.09.2024 issued by the 4'^ respondent herein is highly Illegal, arbitrary unreasonable violation of Principles of Natural Justice and violative of Article 14 and 19(l)(g) of the Constitution of India and contrary to the provisions of the Andhra Pradesh Minor Mineral Concessions Rules, 1966 and Andhra Pradesh Mineral Dealers Rules 2017 and conseguently set aside the Demand Notice No.2843/Q/2016 dated 28.09.2024 Issued by the 4"’ respondent herein ” 2. Heard Mr P.L.Harasimh and the learned a Rao, learned Government Pleader counsel for the foe Mines petitioner Assistant appearing for Respondents, and Geology On hearing, learned counsel for the petitioner submits matter is that the Court in W.P,No.24660 to pass similar squarely covered by the 28.10.2024, petition also. The order passed by this and hence, of 2024, dated requests this Court order in this operative portion of the said order iIS as follows;. 7. Accordingly the I ^o.647/Q/2024-38, respondent is directed to petitioner orders in impugned Demand dated 20.08.2024, I hereby set Notice bearing issued by the 3^^ aside. The respondent is submitted by the appropriate consider the 07.06.2024 explanation on ond pass reasoned opportunity to (03) months from accordance with law petitioner herein wh the date of receipt of a after affording 'Within a period of three r^opy of this order. Learned Assistant appearing for the petition and Government Pleader opposed for same. for Mines and Geology aoy relief in the writ respondents prayed to dismiss the grant of In view of the submission made by both material available in terms of the the learned on record, this Court said order. upon counsels and deems fit fo perusing the entire rfispose of the present Writ Petition i 6. Accordingly, this Writ Petition is disposed of in terms of the order passed in W.P.No.24660 of 2024, dated 28.10.2024. 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.24660 of 2024, dated 28.10.2024 to this order. As a sequel, miscellaneous applications pending, if any, shall stand closed. SD/- V.SAVITHRI GOWRl ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Mines and Geology Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Director of Mines and Geology, Government of Andhra Pradesh, Ibrahimpatnam, Vijayawada, Krishna District. 3. The District Mines and Geology Officer, Prakasam District at Ongole. 4. The Divisional Mines and Geology Officer, Markapuram, Prakasam District. 5. One CC to Sri P. L. Narasimha Rao, Advocate [OPUC] 6. Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh. [OUT] (Along with a copy of the order in W.P.No.24660 of 2024, dated 28.10.2024 to this order) ssb \ .\ \ \ HIGH COURT DATED:06/01/2025 ORDER WP.No.24857 of 2024 DISPOSING OF THE W.P. WITHOUT COSTS APHC010480042024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] MONDAY ,THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 24660/2024 Between; ...PETITIONER M/s.paras Minerals AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.P L NARASIMHA RAO 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;- j Writ of Mandamus or other appropriate declaring the Demand Notice NO.647/Q/2024-38, 20082024 issued by the 3'^ respondent herein /s highly illegal, arbitrary unreasonable violation of Principles of Natural Justice and violative of Article 14 and 19(l)g of the Constitution of India and contrary to the of the Andhra Pradesh Minor Mineral Concessions Rules, 1966 and Andhra Pradesh Mineral Dealers 2017 and consequently set-aside the Demand Notice ... to issue a Rules, NO.647/Q/2024 38 dated 20.08.2024 issued by the 3"'=' respondent herein and pass such. \ 2. The case of the petitioner in brief is that the petitioner i, holder of mineral dealer vide MDL.Reg.No.MDLOl07001770 the provisions of the AP Mineral Dealer Rules Director of Mines and Geology, SPSR Nellore District for is the granted under 2017 by the then Deputy processing, selling trading of Quartz and etc., mineral in Sy.No.578 in Perumallapadu village, Sydapuram Mandal, SPSR Nellore District. From the date of grant of license, contravening any of the conditions of the license. While so, the 3'“ respondent has issued the petitioner herein is conducting business without a show- cause notice, dated 22.05.2024 to the petitioner alleging that the business of 11,328 tons of Micaceous quartz mineral without petitioner did obtaining the transit forms from the mines department. The petitioner submitted detailed explanation on 07.06.2024 to the said show-cause notice along with documents. But, without considering the same, the 3"* respondent has issued a Demand Notice bearing No.647/Q/2024-38, dated 20.08.2024 calling upon the petitioner to pay the penalty of sum of Rs.74,83,276/- within 15 days from the date of receipt of a copy of the demand notice. Aggrieved by the said notice, the present Writ Petition is filed. 3. Heard Mr P.L.Narasimha Rao, learned counsel for the and the learned Assistant Government Pleader for Mines appearing for Respondents. petitioner and Geology 4 On hearing, learned counsel for the petitioner submits that though has submitted his explanation on 07.06.2024 to the show-cause the petitioner dated 22.05.2024 issued by the 3'^^ respondent, the respondent has notice impugned Demand Notice No. 647/Q/2024-38, dated 20.08.2024, that the reply given by the petitioner is not satisfactory, which is illegal and arbitrary. Hence, the learned counsel for the petitioner requests to pass issued the stating orders. appropriate 5. Learned Assistant Government Pleader for Mines and Geology for respondents opposed for grant of any relief in this Writ Petition to dismiss the same. appearinQ and prays Considering the submissions of both the learned counsels, in the respondent being the quasi judicial authority has the order. But, the 3'"' respondent herein has passed the impugned demand notice, that the reply given by the petitioner was not has ordered the respondents to pass 6. of this Court, the 3' opinion cord reasons while passing to re without recording any dated 20.08.2024 stating reasons tisfied. This Court in number of cases reasoned orders. But, the respondent authorities are not obeying sa appropriate orders of this Court and are not passing reasoned orders, which is illegal the arbitrary and hence, the impugned demand notice is liable to be set aside. Notice bearing Demand the impugned ,sjo 647/Q/2024-38, dated 20.08.2024, issued by the 3^'" respondent is hereby set aside. The 3'^^ respondent is directed to consider the explanation submitted 7. Accordingly 4# by the petitioner on 07.06.2024 and accordance with law after affording ^ period of three (03) months from the pass appropriate reasoned orders in opportunity to the petitioner herein within a date of receipt of a copy of this order, this Writ Petition is disposed of. There 8. With the above directions, shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. DR.K. MANMADHA RAO, J Date: 28.10.2024 TM