APHC010722182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 222/2026 Between: 1. M/S.AIR AND SEA TRADING COMPANY,, REP. BY ITS MANAGING PARTNER SRI L. BALA KUMAR, D.NO. 11-50, M.B.T. ROAD, PALAMANERU, CHITTOOR DISTRICT, ANDHRA PRADESH. PINCODE-517408. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, INDUSTRIES AND COMMERCE (MINES) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. PINCODE-522238. 2. THE DIRECTOR OF MINES AND GEOLOGY, GOVERNMENT OF ANDHRA PRADESH, IBRAHIMPATNAM, NTR DISTRICT, ANDHRA PRADESH. PINCODE-521456. 3. THE DISTRICT MINES AND GEOLOGY OFFICER, (DDM86G, CHITTOOR DISTRICT, ANDHRA PRADESH. PINCODE-517001. 4. THE DIVISIONAL MINES AND GEOLOGY OFFICER, OFFICE OF THE DIVISIONAL MINES 86 GEOLOGY OFFICE, PALAMANERU, CHITTOOR DISTRICT. PINCODE-517001. ...RESPONDENT(S): 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 topleased to issue a Writ of Mandamus, or other appropriate writ, order or direction, declaring the Demand Notice NO.2436/TQL/CG/2021 dated 02-09-2025 (received the petitioner on 03-12-2025) issued by the Respondent Nos.3864 herein is highly illegal, arbitrary, unreasonable, violation of Principles of Natural Justice and violative of Article 14 and 19(l)(g) of the Constitution of India and contrary to the provisions of the Andhra Pradesh Minor Mineral Concessions Rules, 1966 and consequently to set-aside the same 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 pleased to suspend the Demand Notice NO.2436/TQL/CG/2021 dated 02-09- 2025 (received the petitioner on 03-12-2025) issued by the Respondent Nos.3864 herein, pending disposal of the writ petition IA NO: 2 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 pleased to direct the respondents 2 to 4 herein to issue dispatch permits (E- permits/E-transit forms) in respect of the quarry leased held by the petitioner for Colour Granite over an extent of 3.650 Hectares in Sy.No.6 of Palempalli Village, Punganur Mandal, Chittoor District, pending disposal of the Writ Petition Counsel for the Petitioner: 1. P DURGA PRASAD Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY The Court made the following: 3 ORDER: The petitioner is aggrieved by the demand notice dated 02.09.2025, issued by the respondent Nos.3 & 4, whereby, the petitioner is called upon to pay an amount of Rs.19,39,14,674/- towards misuse of the transit forms within the lease area. 2. The learned counsel for the petitioner submits that the show-cause notice dated 18.01.2025 was issued, calling upon the petitioner to submit explanation for the discrepancy in the dispatched quantity and the total quantity of the Granite blocks produced from the year 2018-19 onwards till the year 2024-25. 3. It is submitted that the petitioner submitted a detailed reply on 12.02.2025 and brought to the notice of the respondent-authorities that the transfer of the quarry lease for an extent of 3.650 Hectares in favour of the petitioner was executed on 19.04.2023 and that the petitioner could not be responsible for the discrepancy noted in the show-cause notice. 4. It is submitted that the predecessor in license would have to answer for the period prior to the year 2023. However, unmindful of the detailed reply submitted by the petitioner, the respondent-authorities have now issued the impugned demand notice, without substantiating the demand for the period prior to the year 2023. 5. The learned Assistant Government Pleader appearing for the respondents, on written instructions submits that on 26.06.2025, the 4 respondents have introduced G.O.Ms.No.100, whereby, the penalty could not be levied and only the cost of the mineral would be considered for determining the quantity and quantifying the amount payable in accordance with the G.O.Ms.No.100, dated 26.06.2025. 6. It is also submitted that a fresh show-cause notice would be issued in pursuance of the G.O.Ms.No.100, dated 26.06.2025, calling upon the petitioner to submit response and appropriate orders shall be passed after verifying the reply of the petitioner. 7. On these considerations, the Writ Petition stands disposed of by setting aside the impugned demand notice dated 02.09.2025, leaving it open to the respondent-authorities to issue fresh show-cause notice for the period starting from 19.04.2023 on wards. The respondents shall also issue a notice of inspection and conduct inspection by issuing notice, calling upon the petitioner to submit application and pass appropriate orders after considering the petitioner’s explanation. No costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ___________________ JUSTICE HARINATH.N SCH 5 187 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.222 of 2026 Date: 07.01.2026 SCH