APHC010671412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 34771/2025 Between: 1. KAKANI GOVARDHAN REDDY, S/O.RAMANA REDDY, AGED ABOUT 60 YEARS, EX-MLA OF SARVEPALLI ASSEMBLY CONSTITUENCY, RESIDENT OF PODALAKUR ROAD, NEAR DYCUS ROAD CENTER, SPSR NELLORE DISTRICT -524004. 2. VEMAREDDY SHYAM SUNDAR REDDY, S/O. SRINIVASULU REDDY , AGED ABOUT 82 YEARS, R/O. EDAGALI VILLAGE VENKATACHALAM MANDAL, SPSR NELLORE DISTRICT. 3. VEMAREDDY RAGHUNANDAN REDDY,, S/O. SAMPATHKUMAR REDDY, AGED ABOUT 55 YEARS, R/O. EDAGALI VILLAGE VENKATACHALAM MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF A P, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIES AND COMMERCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DIRECTOR OF MINES AND GEOLOGY, GOVERNMENT OF ANDHRA PRADESH , IBRAHHIMPATNAM, NTR DISTRICT. 3. THE DISTRICT MINES AND GEOLOGY OFFICER, SPSR NELLORE DISTRICT, TALPAGIRI COLONY, BUJA BUJA NELLORE, NELLORE RURAL MANDAL, SPSR NELLORE DISTRICT. ...RESPONDENT(S): 2 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 more particularly one in the nature of the writ of Mandamus and any other appropriate- declaration, declaring the Demand Notice No. 634/RV and EO/DMGO/NLR/2019-(l) dated 28.11,2025 issued by the Respondent No. 3 as arbitrary, illegal, and violation of Article 14 of the Constitution of India consequently set aside the same 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 please to suspend the Demand Notice No. 634/RV&EO/DMGO/NLR/2019-(1) dated 28.11,2025 issued by the Respondent No. 3 Counsel for the Petitioner(S): 1. B SESIBUSHAN RAO Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY The Court made the following: ORDER: Heard Sri B. Sesibushan Rao, learned counsel for the petitioners and the learned Assistant Government Pleader for Mines and Geology for the respondents. 2. The grievance of the petitioners is that the impugned proceedings have been passed pursuant to the directions of the respondent No.2, dated 02.05.2025. 3. It is contended that a show cause notice, dated 05.11.2025 was issued to the petitioners to show cause as to why the penalty should not be imposed apart from regular levy of Seniorage Fee etc.,. To the said show cause notice, the petitioners through his Counsel has submitted reply dated 3 15.11.2025. Pursuant to the same, the respondent No.3 has passed impugned proceedings, dated 28.11.2025, imposing penalty of Rs.50,40,99,118/- under Rule 26(2)(i) & (ii) of APMMC Rules, 1966 for violating the Rule 5 of APMMC Rules, 1966 r/w Section 4(1) of M&M (D&R) Act, 2015. Challenging the same, the instant Writ Petition has been filed. 4. The contention of the petitioners is that the respondent No.2 regardless of the fact that he is the Appellate Authority under the provisions of the Andhra Pradesh Minor Minerals Concession Rules, 1966 has directed the respondent No.3 to issue show cause notice to the petitioners and pass appropriate orders for levying penalty. It is contended that pursuant to the said observation, the impugned orders have been passed. Thus it is contended that the respondent No.3 did not apply his mind while passing the impugned proceedings. Therefore, he contends that the impugned orders passed in terms of the directions of the respondent No.2 are not sustainable. Thus seeks to set aside the impugned order. 5. Learned Assistant Government Pleader for Mines and Geology appearing for the respondents would submit that at the time of issuance of the show cause notice, necessary documents such as the joint inspection report etc., have been furnished to the petitioners. However, the petitioners deny the receipt of the same. Learned Assistant Government Pleader does not dispute the legal position in regard to the Appeal and further contends that the impugned order has been passed in accordance with law. 4 6. Considered the rival submissions. Having regard to the submissions advanced, as noted from the show cause notice, reference was made to the proceedings of the respondent No.2, dated 05.05.2025. It appears that the entire proceedings have been initiated as per the direction of the respondent No.2. The opening lines of the impugned proceedings read as follows: “Adverting to the subject and references cited, through the reference cited, the Commissioner & Director of Mines and Geology, Ibrahimpatnam while enclosing the Appraisal Report No.20(C.No.6718/108/V&E/NR/D1/2024), dated 30.03.2025 has instructed to take immediate action to realize the evaded amount of Rs.50,49,99,118/- and Rs.2,92,62,644/- and total amount of Rs.53,33,61,762/- as per the recommendations of the Director General of V&E from Sri Kakani Govardhan Reddy, Ex-Minister, Sri Vemareddy Shyam Sundar Reddy, Sri Raghunandan Reddy, Sri Mandara Venkata Seshaiah and Sri Shaik Shajahan, S/o. Mastan Saheb resident of Ramadasukandrika Village, Venkatachalam Mandal and submit action taken report at the earliest so as to submit the compliance report to the Government.” 7. Having regard to the same, this Court is of the view that the respondent No.3 passed the impugned proceedings following the instructions of the respondent No.2. In view of the same, this Court considers it appropriate to set aside both the show cause notice, dated 05.11.2025, as well as the Demand Notice, dated 28.11.2025. the matter is remanded to the respondent No.3 for passing appropriate order in accordance with law, after giving due opportunity to the petitioners. Needless to observe that while 5 issuing show cause notice, if any, the respondent No.3 shall enclose all the material along with the notice. The joint inspection report must also be enclosed to the show cause notice, if proposed. 8. With the above observation, the 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. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 19.12.2025 MSI 6 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 34771/2025 Dated: 19.12.2025 MSI