1 APHC010005502026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 918 OF 2026 Between: 1. M/s Maruthi Granites, Rep. by its Proprietor Mrs. Lemati Neeraja, W/o Hanumatha Rao, aged about 54 yerars R/o D.No.31-2-6/A, Pragathi Towers, Maruthi Nagar, Veeriah Street, Machavaram, NTR District(Earthswhile Krishna District)-520 004 ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department, Secretariat Buildings, Velagapudi, Amravati, Guntur District, Andhra Pradesh, Pin code No. 522 238 2. The Commissioner and Director Mines and Geology, Sri Anjaneya towers, 5th floor, B-Block, Ibrahimpatnam, Krishna District, Andhra Pradesh, Pin code No. 521456 3. The Joint Director of Mines and Geology, Sri Anjaneya towers, 5th floor, B-Block, Ibrahim patnam, Krishna District, Andhra Pradesh, Pin code No. 521456 4. The Deputy Director/District Mining Officer, Mines and Geology, Bapatla District, Bapatla, Andhra Pradesh, Pin code No. 522 101 5. The Assistant Director, Mines and Geology, Bapatla District, Bapatla Andhra Pradesh, Pin code No. 522 101 ...Respondents 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 of Mandamus or any other appropriate writ, order or direction, declaring the action of the Respondent Nos. 3 and 4 herein in issuing Letter No. 2074/MDL/2025, dated 06-06-2025, demanding the petitioner to pay alleged arrears towards slab amount for a period of 20 months i.e., from April-2024 to June-2025, to an extent of Rs. 1,35,000/- per month, by the 4th Respondent - Assistant Director / Deputy Director / District Mining Officer, Department of Mines and Geology, Bapatla District, as illegal, arbitrary, violative of Articles 14, 21 and 300-A of the Constitution of India, and consequently quash the said Letter No. 2074/MDL/2025 dated 06-06-2025, and pass IA NO: 1 OF 2026 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 direct the Respondent No. 4, not to take any coercive or adverse steps pursuant to Letter No. 2074/MDL/2025 dated 06-06- 2025, including recovery of the alleged arrears amount of Rs.27,00,000/- (Rupees Twenty-Seven Lakhs only) for the said 20 months, together with interest, pending disposal of the above Writ Petition, and pass Counsel for the Petitioner: GIRI BABU MARTHI Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following order: 3 HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.918 OF 2026 ORDER: The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking the following main prayer: “to issue a Writ of Mandamus or any other appropriate writ, order or direction, declaring the action of the Respondent Nos. 3 and 4 herein in issuing Letter No. 2074/MDL/2025, dated 06-06-2025, demanding the petitioner to pay alleged arrears towards slab amount for a period of 20 months i.e. from April-2024 to June-2025, to an extent of Rs.1,35,000/- per month, by the 4th Respondent - Assistant Director / Deputy Director / District Mining Officer, Department of Mines and Geology, Bapatla District, as illegal, arbitrary, violative of Articles 14, 21 and 300-A of the Constitution of India, and consequently quash the said Letter No. 2074/MDL/2025 dated 06-06-2025, and pass …..” 2. The substratum of the writ petition is that the petitioner challenged imposition of fine towards slab amount demanded by the respondents 3 and 4 by issuing letter No.2074/MDL/2025, dated 06.06.2025, as illegal and arbitrary. 4 3. According to the petitioner, the same is illegally imposed though he is not liable to pay the said amount. In proof of the same, he placed relevant material before this Court. 4. At that juncture, learned Assistant Government Pleader submits that against the impugned order dated 06.06.2025, revision lies under Rule 35-A of the Andhra Pradesh Minor Mineral Concession Rules, 1966, the present writ petition is not maintainable. 5. While going through the material on record, the petitioner raised several assertions which predominantly revolve around disputed questions of facts. 6. It is well settled that once the disputed questions of facts are involved in the lis, and in the absence of the following three requisite contingencies, i.e. (i) where there is a violation of principles of natural justice or fundamental rights; (ii) where an order in a proceeding is wholly without jurisdiction; or (iii) where the vires of an Act is challenged, filing writ petition under Article 226 of Constitution of India is not maintainable. 5 7. By considering the submissions of both the counsels, in order to put quietus to the lis, the present writ petition is disposed of with the following directions: i. the petitioner is permitted to file revision petition before the 1st respondent, within a period of 30 days by raising all pleas; ii. after filing of revision petition, the 1st respondent is directed to dispose of the same as early as possible by passing the speaking orders by providing opportunity of hearing, more particularly within a period of three months from the date of filing of such revision petition, by considering all the relevant pleas urged by the petitioner. There shall be no order as to costs. Miscellaneous petitions pending if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Date:17.02.2026 Rns 6 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.918 of 2026 Date:17.02.2026 Rns