Andhra Pradesh High Court - Amravati
M/S. Gps Granites Llp, vs The State Of Andhra Pradesh, on 25 March, 2021
Author: Battu Devanand
Bench: Battu Devanand
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION No.6869 of 2021
ORDER:
Heard Smt.N.Shoba, learned counsel for the petitioner, learned Government Pleader for Mines & Geology appearing for the respondents and perused the material available on record.
2. It is submitted by the learned counsel for the petitioner that the petitioner has established cutting and polishing of granite in Ay.Noa.270/P NS 268/2, 3 Narsingampalli Village, Kotambommali Mandal, Srikakulam District after obtaining due permission from all the concerned authorities. The petitioner also obtained Mineral Dealer License issued under A.P. Mineral Dealers Rules, 2000 vide Mineral Dealer License No.16/SKL/2016, dated 06.08.2016 issued by the Deputy Director of Mines and Geology.
3. The petitioner's unit had been inspected by the 4th respondent on 29.11.2019 and the petitioner has produced all the records and documents sought by the inspecting authorities. Subsequently, the petitioner received a show cause notice on 15.04.2020. The petitioner has submitted a detailed explanation to the show cause notice on 28.04.2020. The petitioner also submitted the additional information sought by the 4th respondent.
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4. Aggrieved by the demand notice, the petitioner preferred a revision before the 1st respondent on 07.09.2020 and it is pending till now.
5. Now, the present writ petition is filed aggrieved by the action of the respondents taking coercive steps for not depositing the demanded amount vide demand notice dated 18.08.2020 during pendency of the revision petition before the 1st respondent.
6. Having heard the submissions of the learned counsel for the petitioner, the learned counsel for the petitioner further submits that the issued raised in this writ petition is squarely covered by a decision of this Court in JMB Rocks v. State of Andhra Pradesh and others1. The learned counsel for the petitioner has also brought to the notice of this Court that in several identical matters, this Court ordered interim suspension of the demand notice issued by the respondent authorities.
7. On the other hand, the learned Government Pleader would submit that basing on the information revealed in the inspection conducted by the respondent authorities, the demand notice dated 18.08.2020 was issued and as and when the petitioner filed revision petition before the 1st respondent and it is pending for consideration, approaching this Court by filing this writ petition is unwarranted.
1 2020 (6) ALD 420 3
8. Having heard the submissions of both counsels and upon perusing the material available on record, this Court is of the considered opinion that without going into the merits of this case at this stage, as revision petition is filed by the petitioner on 07.09.2020 is pending for consideration before the 1st respondent to meet the interests of justice, the 1st respondent shall be directed to dispose of the revision petition filed by the petitioner on 07.09.2020 within a reasonable period.
9. Accordingly, this writ petition is disposed of with the following directions:-
i) The 1st respondent shall dispose of the revision petition by the petitioner on 07.09.2020 as expeditiously as possible preferably within a period of three (03) months from the date of receipt of a copy of this order;
ii) Till disposal of the revision petition filed by the petitioner, the respondents are directed not to take any coercive steps against the petitioner pursuant to the demand notice No.1770/MDL/SKLM/2016-
17, dated 18.08.2020 issued by the 3rd respondent. Consequently, miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
_____________________________ JUSTICE BATTU DEVANAND Date: 25.03.2021 IS 4 5 THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION No.6869 of 2021 Date: 25.03.2021 IS