'IH ^ \ APHC010063082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE •'I't PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 3484 OF 2025 Between: M/s. N.R. Minerals, Rep by its Proprietor M.Rama Mohan Reddy, S/o.Anantha Reddy, Duttalur Mandal, SPSR Nellore District. Aged 48 years, R/o. Somalaregada Village, ...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, O/o. District Mines and Geology, SPSR Nellore 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 N0.4937/P/2OI9 dated 26-06-2024 issued by the 3rd respondent herein as 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 Rules, 1966 and Andhra and consequently set-aside the dated 26-06-2024 issued by the 3rd Andhra Pradesh Minor Mineral Concessions Pradesh Mineral Dealers Rules, 2017 Demand Notice No.4937/P/2019 respondent. lA 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 to suspend the Demand Notice NO.4937/P/2019 dated 26-06-2024 issued by the 3rd respondent herein, pending disposal of the writ petition. Counsel for the Petitioner; SRI P L NARASIMHA RAO Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following order: APHC010063082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 3484 of 2025 Between: M/s.N.R. Minerals ...Petitioner AND The State of Andhra Pradesh and others Counsel for the Petitioner: Counsel for the Respondents: The Court made the following order: Heard Sri P.L.Narasimha Rao, learned counsel for the petitioner and Smt. P.Sudeepthi, learned Assistant Government Pleader for Mines and Geology appearing for the respondents. ...Respondents P L Narasimha Rao GP for Mines and Geology 2. The writ petition is filed challenging the Demand Notice No.4937/P/2019 dated 26.06.2024 issued by the 3*^^ respondent. 3. It is stated that vide proceedings dated 20.05.2022, the 2^^^ respondent has granted Quarry Lease to the petitioner over an extent of Ac.4.757 hectares in Sy.No.863-2 (Bit) (3.59 Acres), 864-1 (Bit) (6.40 Acres) & 865-1 (Bit) (1.76 Acres) of Bhairavaram Village, Duttalur Mandal, SPSR Nellore District. In connection thereto, a lease agreement was entered into with the petitionerfor 2 KM,J W.P.No.3484of2025 conducting quarry operations in respect of the subject land with effect from 07.06.2022 and the lease for the subject area commenced from 07.06.2022 and is valid upto 06.06.2042. Learned counsel for the petitioner submits that the 3'^ respondent has issued a show-cause notice dated 02.05.2024 alleging that the MDL holders, alleging to be, the culprits, commenced illegal mining of Micaceous Quartz mineral in the subject lands and a transporting the mineral to their MDL area, and after purchasing the raw material Transit forms from the subject district Non-Working Quarry owner and also from other District Quarry owners uploading the same in their portal and downloading Transit Passes from their 4. portal, the mineral is being dispatched to China Chennai Port, in violation of Rule 8(1) of Andhra Pradesh Mineral Dealers’ Rules, 2017 and Rule 26(3)(ii) & 34(1) of Andhra Pradesh Minor Mineral Concession Rules, 1966. 5. To the said show-cause notice, the petitioner submitted his explanation on 06.06.2024, stating that he received the show-cause notice dated 02.05.2024 on 03.06.2024. Furthermore, the petitioner submittedthat they are engaged in a genuine business and would sell raw materials using online transit forms to all MDL holders, along with Transit forms, tax invoices. waybills, etc. The petitioner has requested the authorities to conduct a re-inspection and survey. 6. Learned counsel for the petitioner contends that without considering the explanation submitted by the petitioner the 3”^^ respondent has issued 3 KMJ W.P.No.3484 of 2025 impugned demand notice dated 26.06.2024 stating that the lease holder has not given any reply to the show-cause notice dated 02.05.2024. 7. Learned counsel for the petitioner further submits that the show-cause notice dated 02.05.2024 was received by the petitioner on 03.06.2024 immediately after receiving the show-cause notice, the petitioner has filed his objections on 06.06.2024 and the same was not considered. Thus, the learned counsel for the petitioner prays to set-aside the impugned demand notice and remit the matter to the 3'"'^ respondent for passing orders afresh after considering the explanation of the petitioner dated 06.06.2024. 8. On the other hand, Smt. P.Sudeepthi, learned Assistant Government Pleader for Mines and Geology appearing for the respondents submits that the explanation given by the petitioner is not a proper explanation to the show- cause notice. Therefore, a detailed explanation shall be submitted to the show- cause notice answering the allegations raised by the department. 9. Considered the rival submissions. A perusal of the impugned order reflects that the same was passed, on the pretext of the petitioner’s explanation to the show-cause notice was not filed. However, it is noted from the explanation dated 06.06.2024 that the same was received by the office of the 3^"^ respondent on 10.06.2024. Having regard to the same, this Court deems it appropriate to direct the 3'^'^ respondent to consider the petitioner’s explanation dated 06.06.2024 filed in 10. response to the show-cause notice dated 02.05.2024. The impugned order is 4 KM,J W.P.No.3484 of 2025 accordingly set-aside and the matter is remanded back to the 3'^ respondent to pass appropriate orders after affording a due opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order. With the above observation, the Writ Petition is disposed of. There shall 11. be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, Mines and Geology Department, State of 1. The Principal Secretary Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. Director of Mines and Geology, Government of Andhra Pradesh 2. The Ibrahimpatnam, Vijayawada, Krishna District. 3. The District Mines and Geology Officer, O/o. District Mines and Geology, SPSR Nellore District. 4. One CC to Sri. P L Narasimha Rao Advocate [OPUC] GP for Mines and Geology High Court of Andhra Pradesh 5. Two CCs to [OUT] 6. Three CD Copies GSC li HIGH COURT DATED:08/07/2025 ORDER WP NO. 3484 OF 2025 DISPOSING THE WP WITHOUT COSTS