APHC010193382013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 21498/2013 Between: 1. GM, M/S. NELCAST LTD., NELLORE DISTRICT, GUDUR, NELLORE DISTRICT, REP. BY ITS GENERAL MANAGER (FINANCE & ACCOUNTS) SRI. D. RAVINDRANATH REDDY, S/O. D.VENKATA SUBBA REDDY, AGED ABOUT 51 YEARS. ...PETITIONER AND 1. ASST DIRECTOR OF MINES GEOLOGY NELLORE 2 OTHERS, - 2. THE REGIONAL VIGILANCE AND ENFORCEMENT OFFICER NELLORE, - 3. THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY NELLORE, - ...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 an appropriate writ, order or direction particularly in the nature of Writ of mandamus declaring the action on the part of the 1st respondent namely the Assistant Direction of Mines and Geology (Vigilance ), Nellore in issuing the impugned demand notice No. 395/V&E/Vg.NLR/2013 dated 31-05-2013 without providing copy of the report of the 2nd respondent adopted as the basis for the adverse action against the Petitioner as illegal, improper, unfair and opposed to the principles of doctrine of audi alteram partrem, without authority and jurisdiction and also cryptic and vague without valid reasons and basis, infringing article 14 and 19(1)(g) of the Constitution of India and contrary to the various judicial decisions and grant such other relief or reliefs as are deemed fit and proper under the circumstances of the case. IA NO: 1 OF 2013(WPMP 26312 OF 2013 2 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 all further proceedings arising out of the impugned demand notice No. 395/V&E/Vg.NLR12013 dated 31-05-2013 pending disposal of the writ petition and grant such other relief or reliefs as are deemed fit and proper in the interest of justice. Counsel for the Petitioner: 1. M V J K KUMAR Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY The Court made the following: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 21498/2013 The writ petition is filed under Article 226 of the Constitution of India, seeking the following main prayer: “…..declaring the action on the part of the 1st respondent namely the Assistant Direction of Mines and Geology (Vigilance ), Nellore in issuing the impugned demand notice No. 395/V&E/Vg.NLR/2013 dated 31-05- 2013 without providing copy of the report of the 2nd respondent adopted as the basis for the adverse action against the Petitioner as illegal, improper, unfair and opposed to the principles of doctrine of audi alteram partem, without authority and jurisdiction and also cryptic and vague without valid reasons and basis, infringing article 14 and 19(1)(g) of the Constitution of India and contrary to the various judicial decisions and grant such other relief or reliefs as are deemed fit and proper under the circumstances of the case.…..” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology. 3. On 22.07.2013, having regard to the facts and circumstances of the case, this Court granted an interim direction restraining the respondents from enforcing the impugned Demand Notice No.395/V&E/Vg.NLR/2013 dated 31.05.2013. Thereafter, the matter has been adjourned from time to time since the year 2013. 4. Today, when the matter is taken up for hearing, the learned counsel for the petitioner submits that, pursuant to the orders dated 17.03.2026, the petitioner has received the Vigilance Report dated 18.02.2013 on 30.03.2026. 4 He further submits that the petitioner may be permitted to submit his explanation/objections before the competent authority, and the same may be considered in accordance with law after affording due opportunity. 5. Conversely, the learned Assistant Government Pleader for Mines and Geology fairly submits that on 30.03.2026 they filed a memo before this Court by serving copy to the other side and as and when the explanation received by the petitioner they will consider the same strictly in accordance with law. 6. Considering the facts and circumstances of the case, particularly that the Writ Petition has been pending since the year 2013 and has been adjourned from time to time, this Court deems it appropriate to dispose of the Writ Petition, with the consent of both parties, in order to give a quietus to the issue, on the following terms: (i) The petitioner is directed to submit his explanation/objections, along with all relevant supporting documents, to the 3rd respondent within a period of four (4) weeks from the date of receipt of a copy of this order. (ii) Upon receiving such explanation/objections, the 3rd respondent shall consider the same, taking into account the applicable rules and governing provisions, and after affording a reasonable opportunity of hearing to the petitioner, shall pass appropriate orders, in accordance with law, within a period of eight (8) weeks thereafter. 5 (iii) Till such time, the respondents shall not enforce the impugned Demand Notice No.395/V&E/Vg.NLR/2013 dated 31.05.2013. 7. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications, if any, shall stand closed. _______________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 31.03.2026 ARB 6 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.21498 of 2013 Date: 31.03.2026 ARB