APHC010007402026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 740/2026 Between: 1. PASUPULETI GOPI, S/O. APPALA SATYAM, AGED ABOUT 50 YEARS, OCC BUSINESS, R/O.KONAYYAPALEM VILLAGE, POOSAPATIREGA MANDAL, VIZIANAGARAM DISTRICT.. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, INDUSTRIES AND COMMERCE (MINES.L) DEPARTMENT, REP. BY ITS JOINT SECRETARY, SECRETARIAT AT VELAGAPUDI, AMARAVATI. 522238 2. THE DIRECTOR OF MINES AND GEOLOGY, IBRAHIMPATNAM, NTR DISTRICT, ANDHRA PRADESH 521456 3. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY, VIZIANAGARAM. 525003 4. DISTRICT MINES AND GEOLOGY OFIFCER, VIZIANAGARAM. 535003 ...RESPONDENT(S): 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, Order or Direction ore particularly one in the nature of Writ of Mandamus, declaring the order of the 2nd respondent dated 20.10.2022 dismissing the appeal and confirming the order of 3rd respondent in D.Dis.Proceedings No.112/DDMG-VZM/2019 dated 18.06.2020 as arbitrary, illegal, unjust, violative of principals of natural justice, violative of procedure contemplated under APMMC Rules,1966 apart from being violative of Fundamental Rights guaranteed _under Articles 14,19, 21 and Constitutional Right guaranteed under Articles 300-A of the Constitution of India and consequently set aside the same 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 stay of all further proceedings pursuant to the order of the 2nd respondent dated 20.10.2022 dismissing the appeal and confirming the order of 3rd respondent in D.Dis.Proceedings No.112/DDMG-VZM/2019 dated 18.06.2020, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. C V R RUDRA PRASAD Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the order of the 2nd respondent dated 20.10.2022 dismissing the appeal and confirming the order of 3rd respondent in D.Dis.Proceedings No.112/DDMG-VZM/2019 dated 18.06.2020 as arbitrary, illegal, unjust, violative of principle of natural justice, violative of procedure contemplated under APMMC Rules, 1966 apart from being violative of Fundamental Rights guaranteed under Articles 300-A of Constitution of India and consequently set aside the same and pass such other…” 2. Heard learned counsel for the petitioner and learned Government Pleader for Mines appearing for the respondents. 3. The case of the petitioner herein is that petitioner filed an appeal on the file of the Director of Mines and Geology, Irabhimpatnam, NTR District, Andhra Pradesh, assailing the order dated 18.06.2020 passed by the 3rd respondent. 4. Learned counsel for the petitioner submits that the order of the 3rd respondent dated 18.06.2020 is contrary to the principles of natural justice as well as of the Andhra Pradesh Minor Mineral Concession (APMMC) Rules, 1966. Petitioner challenged the order of 3rd respondent before the appellate authority i.e., 2nd respondent, on the ground that without issuing any notice, the 3rd respondent passed an order dated 18.06.2020 and therefore the same is liable to be set aside. 5. While so, the 2nd respondent/appellate authority herein also confirmed the orders of 3rd respondent without issuing any notice. He further submits that the order of the 2nd respondent herein dated 20.10.2022 is also contrary to the principles of natural justice and ignoring the grounds of the appeal itself. 6. To ascertain whether any notice issued by the appellate authority, this Court passed an order dated 22.01.2026 for production of record. In compliance of the same, the respondents submitted written instructions dated 22.12.2025 wherein it is categorically stated that no notice had been issued to the petitioner while disposing of the appeal. 7. It is settled that when the Quasi Judicial Authority exercising its Judicial functions, it is under obligation to follow due process of law as well as principles of natural justice. 8. In the instant case, it is observed that the appellate authority passed an order ignoring the due process of law as well as principles of natural justice. Therefore in view of the settled preposition of law, the order passed ignoring the said principles, as stated above, is void and is liable to be set aside. Accordingly, the impugned order passed by the 2nd respondent dated 20.10.2022 and also the order passed by the 3rd respondent dated 18.06.2020, are hereby set aside and the matter is remanded back to the 3rd respondent for fresh consideration. 9. Further the 3rd respondent is directed to consider the claim of the petitioner afresh after observing due process of law and principles of natural justice and dispose the appeal at the earliest i.e., not later than the period of three (03) months. 10. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 29.01.2026 M K K 218 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.No.740 of 2026 Date: 29.01.2026 M K K