1 APHC010335292022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 22117 OF 2022 Between: 1. T.V.V.Satyanarayana, S/o. Ratnam, aged 47 years, R/o. Thalluru Village, Gandepalli Mandal, East Godavari District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Industries and Commerce (Mines-I) Department, Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh. 2. The Director of Mines and Geology, State of Andhra Pradesh office at Ibrahimpatnam, Krishna District, Andhra Pradesh. 3. The Deputy Director of Mines and Geology, East Godavari District at Kakinada, East Godavari District, Andhra Pradesh. 4. The Assistant Director of Mines and Geology Vigilence, Rajahmahendravaram, East Godavari District, Andhra Pradesh. 5. The Regional Vigilance and Enforcement Officer, Rajahmahendravaram, East Godavari District, Andhra Pradesh. 6. The Assistant Director of Mines and Geology, Rajahmahendravaram, East Godavari District, Andhra Pradesh. 7. The Revenue Divisional Officer, Peddapuram, East Godavari District, Andhra Pradesh. ...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 or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in passing the non-speaking order in Memo No. 2027/M.I(2)/2019 dated 06.04.2022 in consonance with the order dated 14.06.2021 as well as the Demand Notice No. 684/Vg/2018 dated 11.02.2019 issued by the 4th respondent that too without considering the material as well as without giving an opportunity of hearing as per the orders passed in WP No. 21322 of 2021 dated 10.11.2021 as illegal, arbitrary and also oppose to Article 14 of the Constitution of India as well as oppose to the order passed by this Honorable Court dated 10.11.2021 in WP No. 21322 of 2021 and in the nature of non-speaking order consequentially suspend the operation of the order in Memo No. 2027/M.I(2)/2019 dated 06.04.2022 passed by the 1st respondent in consonance with the order dated 14.06.2021 as well as the Demand Notice No. 684/Vg/2018 dated 11.02.2019 and to pass IA NO: 1 OF 2022 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 suspend the operation of the order in Memo No. 2027/M.I(2)/2019 dated 06.04.2022 passed by the 1st respondent in consonance with the order dated 14.06.2021 as well as the Demand Notice No. 684/Vg/2018 dated 11.02.2019 pending disposal of the above writ petition and to pass IA NO: 1 OF 2023 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 receive the counter copies on record by allowing the leave petition in the above write petition and pass Counsel for the Petitioner: V SAI KUMAR Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following order: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 22117 OF 2022 ORDER: This Writ Petition under Article 226 of the Constitution of India is filed for the following relief: “to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in passing the non-speaking order in Memo No. 2027/M.I(2)/2019 dated 06.04.2022 in consonance with the order dated 14.06.2021 as well as the Demand Notice No. 684/Vg/2018 dated 11.02.2019 issued by the 4th respondent that too without considering the material as well as without giving an opportunity of hearing as per the orders passed in WP No. 21322 of 2021 dated 10.11.2021 as illegal, arbitrary and also oppose to Article 14 of the Constitution of India as well as oppose to the order passed by this Honorable Court dated 10.11.2021 in WP No. 21322 of 2021 and in the nature of non-speaking order consequentially suspend the operation of the order in Memo No. 2027/M.I(2)/2019 dated 06.04.2022 passed by the 1st respondent in consonance with the order dated 14.06.2021 as well as the Demand Notice No. 684/Vg/2018 dated 11.02.2019 and to pass” 2. Heard Sri V.Sai Kumar, learned counsel for the petitioner and the learned Assistant Government Pleader for Mines and Geology appearing for the respondents. 4 3. Learned counsel for the petitioner submits that by virtue of the impugned Memo No.2027/M.I(2)/2019, Dated 06.04.2022, the revision filed by the petitioner was dismissed, without giving any opportunity of hearing to the petitioner and he disputed the order under challenge on multiple grounds, but he emphasized on the main ground of violation of principles of natural justice. 4. The learned counsel further elaborating his submission that the impugned orders dated 06.04.2022 passed by the 1st respondent are absolutely without any reasons at all. To substantiate his assertions, he has drawn the attention of this Court to Ex.P9 orders dated 06.04.2022. 5. Conversely, the learned Assistant Government Pleader (Mines & Geology) by reiterating the averments made in the counter affidavit filed by the respondents 1 to 4 and 6 filed in the year 2022, interalia submits that the impugned orders were passed by the competent authority only after following all procedural pre-requisites, more particularly, according to her issuing show cause notice followed by the demand notice. Hence, writ petition is liable to be dismissed. 6. In the light of the above rival submissions made by the respective counsel, it is apt to go through the material on record before arriving the findings in the lis. 5 7. As seen from the record, the following facts are not in dispute. The petitioner earlier challenged the demand notice No.684/Vg/2018 dated 11.02.2019 issued by the 4th respondent herein where under demanding the petitioner herein to pay total amount of Rs.21,10,510/- (towards normal seigniorage fee and market value along with fine) on the ground that petitioner is not having valid transit forms. Against the above demand notice dated 11.02.2019 petitioner filed a revision before the 1st respondent and the same was disposed of through orders i.e. Memo No.2027/M.I.(2)/2019 dated 14.06.2021 by the 1st respondent. Challenging the said revisional orders dated 14.06.2021, petitioner instituted W.P.No.21322 of 2021 before this Court. 8. This Court disposed of the writ petition on 10.11.2021 directing the 1st respondent to provide opportunity to the petitioner to adduce oral and documentary evidence and after considering the same, pass orders in accordance with law. The said orders attained finality. Accordingly, the 1st respondent again passed orders in the revision through impugned orders i.e. Memo No.2027/M.I(2)/2019 dated 06.04.2022 where under 1st respondent hold the earlier orders made in Memo No.2027/M.I.(2)/2019 dated 14.06.2021 holds good. 9. Now, the short question emerged in the lis is that ‘Whether the impugned orders dated 06.04.2022 passed by following true letter and 6 spirit of the orders dated 10.11.2021 made in W.P.No.21322 of 2021 or not? 10. On one hand, the learned counsel for the petitioner Sri V.Sai Kumar, primarily contends that though this Court categorically directed the 1st respondent to provide opportunity to adduce both oral and documentary evidence and after considering the same to pass orders, but the 1st respondent without even issuing the written notice to the petitioner so as to adduce oral and documentary evidence, unilaterally and arbitrarily passed the impugned orders dated 06.04.2022. 11. Conversely, the learned Assistant Government Pleader for Mines and Geology submits that the 1st respondent after following the orders passed by this Court, consequently, issued a notice through Memo No.2027/M.I.(2)/2019, dated 31.01.2022 to the petitioner to attend him for hearing on 09.02.2022 at 10.30 a.m. Inspite of the same, the petitioner had not attended the hearing. As such, the 1st respondent rightly passed the orders under challenge. 12. In the light of above quite contradicting pleas asserted by respective counsel, this Court consciously gone through the orders dated 10.11.2021. For the sake of comprehensive view, the operative portion in W.P.No.21322 of 2022 is extracted hereunder: 7 “Accordingly, this Writ Petition is allowed and the impugned revision order in Memo No.2027/M.I(2)/2019 dated 14.06.2021 passed by 1st respondent is set aside with a direction to 1st respondent to afford an opportunity to the petitioner to adduce both oral and documentary evidence and after considering the same, pass an appropriate order in accordance with the governing law and rules expeditiously, but not later than twelve (12) weeks from the date of receipt of a copy of this order. Till such exercise is completed, the respondent authorities shall not take any coercive measures against the petitioner pursuant to the Demand Notice dated 11.02.2019 and show cause notice dated 13.07.2018. No costs.” 13. By plain reading of the above dictum, it is made clear that the orders of the 1st respondent authority dated 14.06.2021 were set aside and also directed him to provide an opportunity to the petitioner to adduce oral and documentary evidence and after considering the same only, the 1st respondent has to pass orders within a stipulated period. 14. As seen from the counter affidavit as well as recitals of purportedly issued notice vide Memo No.2027/M.I.(2)/2019 dated 31.01.2022 wherein it is merely stated as if it was send through RPAD (Registered Post with Acknowledgment Due), but along with said copy of notice dated 31.01.2022 the respondent authorities have not been filed any postal receipt or postal acknowledgment addressed to the petitioner. 15. On the other hand, learned counsel for the petitioner vehemently asserted that the purported notice has not received by the petitioner. 8 16. Hence, in view of above facts and circumstances, this Court without going to the other contentions, keeping in view of earlier dictum of this Court in between very same parties coupled with its true letter and spirit, further taking into consideration of the well settled legal principles held by the Apex Court and this Court so as to put quietus to the lis, constrained to dispose of the writ petition in the following terms: i. The Memo No.2027/M.I.(2)/2019 dated 06.04.2022 passed by the 1st respondent is hereby set aside; ii. the petitioner and petitioner’s counsel are hereby directed to furnish petitioner’s address along with registered e-mail/whats app or any other electronic mode to the 1st respondent office within a period of two (02) weeks from the date of receipt of copy of this order, by way of speed post with acknowledgment due; iii. upon receiving the above communication from the petitioner’s side, the 1st respondent is hereby directed to issue notice to the communicated address of the petitioner about the hearing of the revision and pass appropriate orders afresh in accordance with law, within a period of eight (08) weeks from the date of receipt of copy of this order; iv. till passing of final orders by the 1st respondent in the revisional proceedings, respondents are directed not to take any coercive measures basing upon the demand notice No.684/Vg/2018 dated 9 11.02.2019 issued by the 4th respondent in continuation of earlier interim orders dated 25.07.2022 passed by this Court. There shall be no order as to costs. Miscellaneous petitions pending if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Date:12.03.2026 Rns 10 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.22117 of 2022 Date:12.03.2026 Rns