Andhra Pradesh High Court - Amravati
Echomax Minerals Pvt.Ltd. vs The State Of Andhra Pradesh on 6 January, 2022
Author: U.Durga Prasad Rao
Bench: U.Durga Prasad Rao
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ie here a. THURSDAY , THE SIXTH DAY OF JANUARY, _-- ee TWO THOUSAND AND TWENTY TWO yee :PRESENT: 6 ae THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO "™* WRIT PETITION NO: 22996 OF 2021 . ee Between: Echomax Minerals Pvt.Ltd., Represented by the Managing Director M.Mohanan Nair S/o P.K.Madhavan Nair, aged 60 years, R/o No 43-4-12/1, Railway New Colony, Block No20, T.S No 319, Visakhapatnam Petitioner AND 1. The State of Andhra Pradesh, Represented the Principal Secretary, Mines and Geology department, A.P.Secretariat, Amaravathi Guntur District, Andhra Pradesh 2. The Director of Mines and Geology,, Government of Andhra Pradesh, Anjaneya Towers, D.No 7104, Ibrahimpatnam, Vijayawada. Andhra Pradesh 3. The Deputy Director of Mines and Geology,, D.No. 1-88-9, Plot No 01, Sector-4, MVP Colony,Visakhapatnam. Andhra Pradesh 4. The Assistant Director of Mines and Geology, D.No. 1-88-9, Plot No 01, Sector-4, MVP Colony,Visakhapatnam Visakhapatnam Andhra Pradesh The Tahsildar,, Pedagantyqda Mandal, Visakhapatnam District, Andhra Pradesh. M/S.East West Minerals Sands Pvt.Ltd.,, Sy.No.54 to 57,Vatsavallasa Villagr Gara Mandal, Srikakulam District,Andhra Pradesh, Rep.by its Managing Director. R6 is lmpleaded as per C.O.dt.30/11/2021.in IA.No.3/21. (R6 is impleaded as per Court Order dated 30-01-2021 in IA. No. 3 of 2021) Respondents Oo 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 mandamus, declaring the action of the respondents 2 to 4in cancelling the Mineral Dealer License ID No.MDL0103005917 dated 25.07.2018 held by the petitioner for ilmenite, Rutile, Garnet(Abrasive) Sillimanite for a period of 20 years vide order D.Dis Proceedings No 2128/MDL-VSP/2018 dated 06.08.2021 as illegal, arbitrary, contrary to the law and in violation of principles of natural justice and consequently praying this Hon'ble Court to direct the respondents to restore the Mineral Dealer License ID No.MDL0103005917 dated 25.07.2018 held by the petitioner which was cancelled vide order D.Dis Proceedings No 2128/MDL-VSP/2018 dated 06.08.2021. IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to dispose of the stock mineral which was seized by the respondents in Sy No 212/1B, Door No 43-4-12/1, Pedagantyada Village, Pedagandtyada Mandal, Visakhapatnam District pending disposal of WP 22996 of 2021, on the file of the High Court. IA NO: 2 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to Suspend cancelation of the Mineral Dealer License 1D No.MDL0103005917 dated 25.07.2018 held by the petitioner for ilmenite, Rutile, Garnet(Abrasive) Sillimanite for a period of 20 years vide order D.Dis Proceedings No 2128/MDL-VSP/2018 dated 06.08.2021, pending disposal of WP 22996 of 2021, on the file of the High Court. \ peneneistrireege natn ae made the following ORDER:
Learned counsel for the petitioner is permitted to take out personal notice to respondent no.4 by RPAD and file proof of service. Post on 18.01.2022 in the motion list. Till then, the respondent authorities are directed to auction the seized mineral. SD/- B.PRASAD RAO ASSISTANT REGISTRAR i IITRUE COPY// For. SECTION OFFICER To, :
1. The Principal Secretary, Mines and Geology department, A.P.Secretariat, Amaravathi Guntur District, Andhra Pradesh
2. The Director of Mines and Geology,, Government of Andhra Pradesh, Anjaneya Towers, D.No 7104, lbrahimpatnam, Vijayawada. Andhra Pradesh
3. The Deputy Director of Mines and Geology,, D.No. 1-88-9, Plot No 014, Sector-4, MVP Colony, Visakhapatnam. Andhra Pradesh
4. The Assistant Director of Mines and Geology, D.No. 1-88-9, Plot No 01, Sector-4, MVP Colony, Visakhapatnam Visakhapatnam Andhra Pradesh
5. The Tahsildar, Pedagantyqda Mandal, Visakhapatnam District, Andhra Pradesh.
6. The Managing Director, M/S.East West Minerals Sands Pvt.Ltd.,, Sy.No.54 to 57, Vatsavallasa Villagr Gara Mandal, Srikakulam District, Andhra Pradesh, (Addressee Nos 1 to 6 by RPAD)
7. One CC to SRIL.VR MACHAVARAM Advocate [OPUC]
8. Two CCs to GP FOR MINES AND GEOLOGY s"High Court Of Andhra Pradesh. [OUT]
9. One spare copy Skm HIGH COURT UDPR,J DATED:06/01/2022 NOTE: POST ON 18-01-2022 IN M.L., ORDER WP.No.22996 of 2021 47 Jay 2022