APHC010061722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] TUESDAY ,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 3412/2025 Between: Anuraj Minerals ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K NAVEEN KUMAR Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY The Court made the following: ORDER:- This petition is filed under Article 226 of the Constitution of India for the following relief:- “…pleased to issue an order writ or direction more particularly in the nature of Writ of Mandamus declaring the action of the 3rd respondent in issuing the Demand Notice No.165/QL/RM/2019, dated 20.01.2025, as arbitrary, illegal, unjust, unconstitutional and contrary to Mines and Minerals Development and Regulation Act, 1957 and Mineral Concession Rules, 1966 and the rules made there under apart from being violation of Articles 14 and 300-A of the constitution of India and consequently call for records in the demand Notice No.165/QL/RM/2019, dated 20.01.2025 and set aside the same and pass ….” 2 2. The case of the petitioners in brief is that the petitioner was granted a Quarry Lease for Road Metal, Building Stone and M.Sand over an extent of 2.469 hectares in Sy.No.63-2, Kekathi Village, Gudibanda Mandal, Sri Sathya Sai District (previously Ananthapuramu District) by the then Deputy Director of Mines and Geology, Ananthapuramu vide proceedings No.1148/QL/RM&MS/2019, dated 13.01.2020, for a period of 10 years i.e. from 24.01.2020 to 23.01.2030. The petitioner has been carrying out quarrying operations strictly in accordance with the Andhra Pradesh Minor Mineral Concession Rules, 1966 and the lease agreement operating within the demarcated area approved by the Mines and Geology Department. To the utter surprise, on 12.10.2023, the 3rd respondent issued a show cause notice vide bearing No.165/QL/RM/2019 based on an inspection report dated 10.07.2023, alleging that the petitioner conducted quarrying both within and outside the leased area excavating Road Metal 45964.67 Cbm within the leased area and 59461.265 Cbm outside the leased area. Aggrieved by the said notice, the petitioner filed a Revision Petition under Rule 35A of A.P. Minor Mineral Concession Rules, 1966, before the 1st respondent on 30.10.2023 and the same is still pending. Pending the said Revision Petition, the 3rd respondent issued a Demand Notice bearing No.165/QL/RM/2019, dated 20.01.2025, directing the petitioner to pay Rs.7,81,12,635/- within 15 days towards seigniorage fee, consideration amount, DMF, MERIT, and penalty. Challenging the same, the petitioner filed the present writ petition. 3 3. Heard Mr. K.Naveen Kumar, learned counsel for the petitioner and the learned Government Pleader for Mines and Geology appearing for the respondents. 4. On hearing, learned counsel for the petitioner submits that the petitioner had not conducted any illegal excavations as alleged in the said notice and had supplied all the excavated metal to the Government works only. Learned counsel for the petitioner further submitted that after 14 months from filing the revision against the show cause notice, the 3rd respondent issued the demand notice with wrong calculation and without considering the pending revision. Hence, the learned counsel for the petitioners requests to pass appropriate orders. 5. Whereas, learned Government Pleader for Mines and Geology 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 Government Pleader for Mines and Geology, the impugned demand notice passed by the 4th respondent vide Demand No.165/QL/RM/2019, dated 20.01.2025 is set aside. Further, 1st respondent is directed to consider and dispose of the Revision filed by the petitioner, dated 30.10.2023 within a period of three (03) months from the date of receipt of a copy of this order. 4 7. 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. ________________________ DR. K. MANMADHA RAO, J. Date : 11.02.2025 SCS 5 HON’BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION NO: 3412/2025 Date :11.02.2025 SCS