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2025 DAILYLAW 7423 (AP)

T N BALA SUBRAMANYA v. The State of Andhra Pradesh

WP/3972/2025 · 2025-02-14

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010075112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 3972/2025 Between: T N Bala Subramanya ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. G RAJA BABU Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY 2 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 or order or direction with more particular in the nature of WRIT OF MANDAMUS declaring the orders of 3rd Respondent in Show Cause No.2286/Q/2024, dated 31-12-2024 without issuing any notice with regard to conducting of so called joint inspection stated to be conducted on 23-10-2014 as arbitrary, illegal, without verification of records, in violation of Principles of natural justice, without jurisdiction and contrary to AP Minor Mineral Concession Rules, 1966, r/w Mines and Minerals (D and R) Act, 1957, Guidelines issued by the 2nd Respondent in circular memo No.40454/R3-1/2011, dated 08- 02-2012 and Judgements of this Court rendered in several occasions and consequently call for records and set aside the same and pass...” 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. Assailing the show cause notice No.2286/Q/2024, dated 31.12.2024, the present writ petition is filed on the ground that the impugned show cause notice is contrary to the Guidelines issued in Circular Memo No.40454/R3-1/2011 dated 08.02.2012. 4. Learned Assistant Government Pleader for Mines and Geology submits that said circular is not applicable to the impugned show cause notice. The said circular was issued in matters relating to enquiry into megar mining/quarrying of minerals, booking of cases by raising demand 3 notice on the quantity of mineral extracted without any lease or permit procedure for conducting enquiry, recording of panchanama and statements. In the case on hand, already the lease was granted in favour of the petitioner. Hence, said circular is not applicable to the petitioner. 5. Without delving into merits of the case, the present Writ Petition is disposed of, directing the petitioner to submit an explanation to the show cause notice dated 31.12.2024 on or before 13.03.2025. On receiving the explanation from the petitioner, the respondents are directed to examine the same and pass appropriate orders, as expeditiously as possible, and communicate the decision to the petitioner. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHARA RAO Date: 14.02.2025 KBN 4 48 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO WRIT PETITION No.3972 of 2025 Date: 14.02.2025 KBN