Extracted from the PDF above. The PDF is authoritative.
APHC010322172022
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: 21895/2022 Between:
1. M/S SHIVA GRANITES,, SY. NO. 42/14P, 41/5P, 6-1P,45/5-2AP, PEDDABAMMIDI VILLAGE, KOTABOMMALIMANDAL, SRIKAKULAM DISTRICT-532474, REP. BY ITS MANAGING PARTNER. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, DEPARTMENT OF MINES AND GEOLOGY, SECRETARIAT VELAGAPUDI, REP. BY ITS PRINCIPAL SECRETARY. 2. THE ASST DIRECTOR OF MINES AND GEOLOGY, SHANTHINAGAR, COLONY, 3RD LINE, SRIKAKULAM. ...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 topleased to issue a Writ, order or direction, especially one in the nature of Writ of Mandamus declaring the Demand Notice No. 1704/ MDL(CG)/SKLM /2018 dt. 13.05.2022 issued by Respondent No.2 as illegal and arbitrary and violative of Article 14 and 19 of Constitution of India and contrary to APMMC Rules, 1966 consequently set aside the same and to pass Counsel for the Petitioner:
1. UTTARA LEGAL Counsel for the Respondent(S):
1. GP FOR MINES AND GEOLOGY The Court made the following:
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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 21895/2022
The writ petition is filed under Article 226 of the Constitution of India, seeking the following main prayer:
“…..declaring the Demand Notice No. 1704/ MDL(CG)/SKLM /2018 dated 13.05.2022 issued by Respondent No.2 as illegal and arbitrary and violative of Article 14 and 19 of Constitution of India and contrary to APMMC Rules, 1966, and consequently, to set aside the same …..”
2. When the matter is taken up for hearing, on 17.03.2026, this Court passed the following order:
“On 12.03.2026 the following orders passed. Learned counsel for the petitioner submits that the present matter is squarely covered under the common order dated 02.03.2021 in W.P.No.15798 of 2020 and batch. The learned AGP seeks time to verify the same. Post on 17.03.2026 under the caption „for orders‟. Today, the learned Assistant Government Pleader sought further time. Post on 31.03.2026.”. 3. Today, when the matter is taken up for hearing, learned counsel for the petitioner fairly submits that the present Writ Petition is squarely covered by the common order dated 02.03.2021 passed in W.P.No.15798 of 2020 and batch. 4.
The learned Assistant Government Pleader for Mines and Geology, during the morning session, sought time, and accordingly, the matter was
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adjourned to the post-lunch session. In the post-lunch session, she fairly submits that the facts of the present case are identical and are covered by the said common order. 5. In view of the above submissions and having regard to the facts and circumstances of the case, this Court has considered opinion that the present Writ Petition is liable to be allowed in terms of the common order dated 02.03.2021 passed in W.P.No.15798 of 2020 and batch. 6. Accordingly, the Writ Petition is allowed. The Demand Notice No.1704/MDL(CG)/SKLM/2018 dated 13.05.2022 issued by Respondent No.2 is hereby set aside. There shall be no order as to costs. _______________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 31.03.2026 ARB
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THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION NO: 21895/2022
Date: 31.03.2026
ARB