1 APHC010068022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] MONDAY ,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 3926/2025 Between: T Siva Naga Vara Prasad ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. P N MURTHY 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 more particularly one in the nature of writ of mandamus declaring the action of the 3rd respondent issued vide Demand Notice No.1832/Spandana/2023 dt 13.09.2024 to the petitioner demanding an amount of Rs.2,05,72,121/- for illegal excavation of Mining in Sy.No.86 and 130-1 of Rajampalem Village, Gopalapuram Mandal, East Godavari District 2 without having any material to show that the petitioner did the said Mining basing on the Spandana Complaint and also addressed a letter No.1832/Spandana/2024, dt 26.11.2024 to the 4th respondent are illegal, arbitrary, unconstitutional and in violation of principles of natural justice and violation of Art 14 and 21 of constitution of India and consequently direct the respondents to drop the said proceedings as there are baseless and pass…” 2. The case of the petitioner in brief is that the petitioner is eking out his livelihood by doing cultivation. One U.Surya Chandra Prasad gave a false complaint on the spandana as if the petitioner excavated mineral in Sy.Nos.86 and 130-1 of Rajampalem Village, Gopalapuram Mandal, East Godavari District. Basing on the said complaint the authorities have issued notice, dated 21.10.2023 mentioning the name of the mother in law and position as president of Rajampalem. The petitioner gave reply to the same. But the respondents has issued demand notice, dated 13.09.2024 demanding the petitioner to pay Rs.2,05,72,121/-. Then the petitioner gave reply, dated 29.10.2024 stating that the said notices are purely village politics against the petitioner’s mother-in-law. While so, the 3rd respondent addressed a letter to the 5th respondent, dated 26.11.2024 stating that complainant and others acted on the political pressure against the petitioner and his mother-in-law family. In reply to the spandana complaint, dated 27.09.2023, the respondents closed the issue on 13.10.2023 wherein it is stated that at the time of inspection dated 12.10.2023 there are no excavation and transportation is identified. Aggrieved by the Demand Notice, dated 13.09.2024, the present Writ Petition has been filed. 3 3. Heard Mr P.N.Murthy, learned counsel for the petitioner and the learned Assistant Government Pleader for Mines and Geology appearing for the respondents. 4. On hearing, learned counsel for the petitioner submits that the respondents have closed the issue on 13.10.2023 mentioning that at the time of inspection, dated 12.10.2023 no excavation and transportation is identified. But, the respondent authorities have issued the Demand Notice vide Demand Notice No.1832/Spandana/2023, dated 13.09.2024 demanding the petitioner to pay an amount of Rs.2,05,72,121/- for illegal excavation of mining in Sy.Nos.86 and 130-1 of Rajampalem Village, Gopalapuram Mandal, East Godavari District which is illegal and arbitrary. Hence, the learned counsel for the petitioner requests to pass appropriate orders. 5. Whereas, learned Government Pleader for Mines and Geology has submitted a copy of the written instructions furnished by the 3rd respondent to the learned Government Pleader for Mines and Geology, dated 12.02.2025. Relevant Paragraph of the said instructions read as follows:- “ Further, this office has submitted report to the District Collector, East Godavari, Rajamahendravam on the PGRS Grievance petition of Smt K.Rama tulasi made allegations against Sri Tammesetti Siva Naga Vara Prasad who was indulged gravel quarrying activity and the action initiated as per statement, dated 17.10.2023 by the villagers of Rajupalem and demand notice issued for an amount of Rs.2,05,72,121/-. 4 The Collector and District Magistrate, East Godavari, Rajamahendravaram vide Ref.No.Lands-1/500188/2024, dated 21.10.2024 has requested to process the collection of penalty amount as per rules in the matter and submit compliance action taken report to their office immediately, so as to enable for taking further action in this regard. The District Mines and Geology Officer, Kakinada vide Memo No.2999/RR/Act/2013-7, dated 26.11.2024 has issued certificate for recovery of Mineral Revenue arrears amount of Rs.2,05,72,121/- (Rupees Two crores Five lakhs Seventy Two Thousand one hundred and Twenty one only) from Tammisetty Siva Naga Vara Prasad, s/o.Satyanarayana, Rajampalem Village, Gopalapuram Mandal, East Godavari District under provisions of the Andhra Pradesh Revenue Recovery Act, 1863. The above due amount recoverable which is occurred in district as per Section 25 of MM (R & D) Act, 1957 and as per the power conferred under Section 52 of A.P. Recovery Act, 1864 through G.O.Ms.No.66, Revenue Department (I.R), dated 02.06.2005”. 6. Considering the submissions of learned counsel for the petitioner and the learned Government Pleader for Mines and Geology it appears that without giving any opportunity to the petitioner and without conducting any enquiry, the respondents have issued the impugned Demand Notice, dated 13.09.2024 to the petitioner for recovery of due amount as per Section 52 of A.P. Recovery Act, 1864. So, in view of the same, in the opinion of this Court, the impugned Demand Notice issued by the 3rd respondent vide Demand Notice No.1832/Spandana/2023, dated 13.09.2024 is liable to be set aside. 5 7. Accordingly, the impugned Demand Notice issued by the 3rd respondent vide Demand Notice No.1832/Spandana/2023, dated 13.09.2024 is hereby set aside and the matter is remanded back to the 3rd respondent for fresh consideration. The 3rd respondent is directed to conduct enquiry by giving opportunity to the petitioner and pass appropriate reasoned orders in accordance with law within a period of three (03) months from the date of receipt of a copy of this order. 8. 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 stand closed. _________________________ DR. K. MANMADHA RAO, J. Date 24.02.2025 TM