Andhra Pradesh High Court - Amravati
M/S. Sree Venkata Sasi Stone Crusher, vs The State Of Andhra Pradesh, on 5 December, 2022
Author: B Krishna Mohan
Bench: B Krishna Mohan
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL OREGINAL JURISDICTION}
MONDAY, THE FIFTH DAY OF DECEMBER ~
TWO THOUSAND AND TWENTY TWO
'PRESENT:
THE HONOURABLE SRI JUSTICE B_KRISHNA MOHAN~
WRIT PETITION Nos, 31854 & 31858 OF 2022 -
Seahveen:
MB. Sree Venkata Sasi Stone Crusher, Rep. by Hs Froprieter, MPG
Sudhakar, D.No. 17-13, Opp. Seshmahat, Gajuwaka, Visakhapatnam.
Petitioner
AND
A. The State of Andhra Pradesh, Indusiries and Cammierce (Mines) Department,
rep, by its Principal Secretary, Secretarial, at Velagapudi, Amaravath,
The Assistant Director of Mines and Gacicgy, Anakapall, Visakhapainam
Dsirict.
Ke
Respondents
WRIT PETITION NO: 37884 OF 2022
Patition under Articie 228 of the Constitution of India is fled praying that in the
arourmistanices stated in the 4 affidavit fled therewith, the High Courl may be pleased
to i8eue an appropriate Wnt, Order or Direction, , MOTE particularly one in the nature
Wit of Mandamus, declaring the order of me and respondent dated 17.08 2022
made in Demand Notice Ne. PES8/Q2015, as arbitrary] dlegal, unjust, Colourable
exercise of power, laconic, vidlative of prince ciple ies of natural justiog, non-application of
mind to the material facts, violative of the procedure conternplated under the AP.
Minor Mineral Concession Rules, 1966, violative of the Fundamental Rights
guaranteed under Ariicles 74 arc JOCiNg) of the Constitution of india and
consequently set aside the show cause dsted 18.04 2022 and order of the 2°°
respondent dated 17.08. e08e,
iA NO: 1 OF 2022
Petiion urider Section {87 OPC is fled praying that in the cGroumsfances
stated in the affidavit Med in support of the petition, the High Court may be pleased
io stay all further proceedings pursuant to the order of the 2°" respondent dated
Ae G8. 2022 mace in Demand Nolice Nu. ?25o/Q/2035, Pending disposal of WR
31854 of 2022, on the fle of the High Court. °
Fa
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WRIT PETITION NO: 37858 OF 2022
Patition under Article 228 of the Constitution of India is fled praying thal in the
circumstances sfated in the affidavit fied therewith, the High Court may be pisased
iQ issue an approorate Writ, Order ar Direction, more particu farly ¢ one in the nature
Wt of Mandamus, declaring the notice dated 23.06.2028 and Demand Notes
No. (S58/O/20090 made by the 2°" respondent, dated 30.08: 2022 _ as arbitrary, legal,
unjust, colourable exercise of power, Igcoruc, viclalive of princi iples of natural justice,
non-aopiication of mind to the material facts, vi o lative of the procedure contemplated
under the A.P. Minor Mineral Conosssion Rufes, 1985, violative of the Fundarnental
Rights guaranteed under Articles 14 and 19(1)(g) of the Constitution of India and
consequently set aside the show cause dated 23.03.2022 and order of the 2nd
respondent dated 30.08.2022. --
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 stay all
further proceedings pursuant to the order of the 2™ respondent dated 30.08.2022 ~
made in Demand Notice No.1358/Q/2009, pending disposal of W.P.No.31855 of
2022, on the file of the High Court. _
The petitions coming on for hearing, upon perusing the Petitions and the
affidavits filed in support thereof and the Order of the High Court dt; 28.09.2022°&
30.09.2022; 17.19:2022 & 14.14-2022 made herein and upon hearing the arguments
of Sri.C.V.R.Rudra Prasad, Advocate for the Petitioners (in both petitions) and of GP
for Mines & Geology for the Respondents Nos.1 & 2(in both petitions), the court
made following
COMMON ORDER:
"For filing counters by the respondent, post on 19.12.2022. --~ Interim order granted earlier by this Court dated 14.11.2022 is extended by another four (04) weeks." c Sd/- S.SRINIVASA PRASAD ASSISTANT REGISTRAR , LA ITRUE COPY// Fo For ASSISTANT REGISTRAR To,
1. One CC to Sri.C.V.R.Rudra Prasad, Advocate [OPUC]
2. Two CCs to GP for Mines & Geology, High Court of Andhra Pradesh. [OUT]
3. One spare copy.
MSB "ORR EISITIOTILLOLLLTLD, HIGH COURT BAM DATED OS, 12.2022 NOTE: POST ON TSAR S022 ORDER WP Nos. 1854 & 31885 of 2022 EATENSION OF EARLIER INTERIM ORDER