Andhra Pradesh High Court - Amravati
Sri Sai Lakshmi Granites vs The State Of Ap on 11 August, 2020
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE ELEVENTH DAY OF AUGUST, TWO THOUSAND AND TWENTY : PRESENT: THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI 1A No. OF 2020 | WP NO: 13675 OF 2020 Between: Mis Sri Sai Lakshmi Granites, Rep. by its Managing Partner, Kamepalli Lakshmi Prasad, D.No.9-204 Martur, Prakasam District .. Petitioner AND 4. The State of Andhra Pradesh, Rep. by its Principal Secretary/Spl.Chief Secretary, Industries and Commerce (Mines) Department, AP Secretariat. Velagapudi, Amaravati, Guntur Dist. 2. The Director of Mines and Geology, Government of Andhra Pradesh, Sri Anjaneya Towers, lbrahimpatnam, Krishna District . .Respondents Counsel for the Petitioner: SRI P ROY REDDY Counsel for the Respondents: MR. KASA JAGAN MOHAN REDDY, SPECIAL GOVERNMENT PLEADER. 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 suspend the 2") Respondent's proceedings dt.31.07.2020 in Notice No. 873/V&E/2020-2, in respect of the lease covering 4.500 Hectares in Sy.Nos. 872/1P & 2 and 873/1 of Konidena Village, Ballikuruva Mandal, Prakasam District, pending disposal of WP. No.13675 of 2020, on the file of the High Court.. The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case). The Court made the following ORDER
"Case of the petitioner is that, it was granted quarry lease for a period of 20 years for excavation of colour granite, under the provisions of the Mines and Minerals (Development & Regulation) Act, 4956 and the A.P. Mines Mineral Concession Rules, 1966; while so, a show cause notice was issued by the Additional Director of Mines & Geology on 13.02.2020 seeking to cancel the quarry lease that had been granted to the petitioner and the same was challenged by way of a writ petition i.e., WP No.5000 of 2020, which was disposed of by this Court on 28.02.2020, setting aside the show cause notice and giving opportunity to the competent authority to issue fresh notice; thereafter another show cause 'notice dated 20.03.2020 was issued by the Director Mines & Geology-2nd respondent, pursuant to the instructions contained in Government Memo dated 29.01.2020 and 'Alert Note' dated 03.01.2020 of the Director General, Vigilance & Enforcement; challenging the said notice, petitioner filed WP No.8300 of 2020 and an interim direction was issued on 29.04.2020 directing the petitioner to submit its explanation to the show cause notice within a period of two weeks from the date of lifting of the lockdown and the respondents were directed not to take any coercive steps against the petitioner till 04.06.2020; the said interim order was extended for a further period of four weeks on 19.06.2020 and by virtue of the notifications being issued from time to time by the Central Government, the lock down is till in force and the material relied upon in the notice was made available to the petitioner after the interim order was granted in the said writ petition; in view of the pandemic and the lock down, no reply has been submitted; while things stood thus impugned demand notice dated 31.07.2020 was issued; petitioner has got the benefit of the general directions issued by the Division Bench of this Court in taken up WP No.8130 of 2020 (In Re-Corona virus -- COVID- 49 Pandemic vs. State of AP & Union of India) and by virtue of the same, the said interim order stood extended; in spite of the same, present impugned demand notice is issued calling upon the petitioner to pay seniorage fee and penalty. Hence, the writ petition.
Sri P Roy Reddy, learned counsel for the petitioner reiterated the contentions raised in the writ petition. He further submits that the 2nd respondent had totally abdicated the jurisdiction under the statute and the rules framed there under at the behest of the Vigilance & Enforcement Department and that the impugned proceedings were based on the Government Memo dated 29.01.2020, which in turn is based on an 'Alert Note' dated 03.01.2020 from the Vigilance & Enforcement Department. He further submits that the 2nd respondent did not conduct an independent enquiry with regard to the issue and has pre-decided the issue in view of 'Alert Note' dated 03.01.2020 and that the 2nd respondent had to adhere to the directions in the Government Memo dated 29.01.2020 and the contents of the 'Alert Note', as the same is signed by a superior authority in the direction.
Learned counsel for the petitioner also relies upon the judgment of the Apex Court in 'Anirudhsinhji Karansinhji Jadena vs. State of Gajarat' (1995) 5 SCC 302, wherein the Hon'ble Supreme Court held that 'if a statutory authority has been vested with jurisdiction, he has to exercise it according to its own discretion. If the discretion is exercised under the direction or in compliance with some higher authority's instruction, then it will be a case of failure to exercise discretion altogether'. He also relies upon the judgment of the Apex Court in 'Tarlochan Dev Sharma vs. State of Punjab' (2001) 6 SCC 260, to the same effect.
As seen from the interim order in WP No.8300 of 2020 dated 29.04.2020, various contentions have been raised therein and some of the contentions are that impugned show cause notice therein dated 21.03.2020 was issued on the directions of extraneous authority (Vigilance & Enforcement Department), that the Authority who issued the show cause notice did not independently examine the issue and that the authority has already pre-judged the issue and by recording those submissions, petitioner was directed to submit its explanation to the show cause notice within a period of two weeks from the date of lifting of the lock down. It was also observed in the said order that the "contentions raised by the learned senior counsel can be decided only after the counter-affidavit is filed by the respondents, however the respondents were directed not to take any coercive Steps against the petitioner till 04.06.2020". The said interim direction not to take any coercive steps is not till explanation is submitted by the petitioner, as is contended by the learned Government Pleader. The said interim order was till 04.06.2020. The said interim direction granted on pas .2020 was extended for a further period of four weeks on 19.06.2020. A Division Be Court in a taken up WP No.8130 of 2020 'in Re. Corona Virus-Covid-19 Pandemic vs. State of A.P.,' passed general directions on 26.03.2020, according to which, interim orders which are having a limited duration shall continue to operate until further orders and the said order is being extended from time to time and the latest extension by the Division Bench is on 02.07.2020 for a further period of four weeks.
The contentions raised in the Writ Petition can be decided only after the counter-affidavit is filed. As the validity of the show cause notice is itself in issue in the previous writ petition and as the interim direction granted therein not to take any coercive steps, is still in force and is not vacated and as the present impugned demand notice dated 31.07.2020 is a consequence of the said show cause notice, the impugned demand notice dated 31.07.2020, is suspended until further orders.
Post this writ petition along with WP No.8300 of 2020 after four weeks."
4Sd/- M. SURYANADHA REDDY ASSISTANT REGISTRAR IITRUE COPY// Gps \ 7 For ASSISTANT REGISTRAR To,
1. The Principal Secretary/Spl.Chief Secretary, Industries and Commerce (Mines) Department, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravati, Guntur Dist.
2. The Director of Mines and Geology, Government of Andhra Pradesh, Sri Anjaneya Towers, Ibrahimpatnam, Krishna District (1 & 2 by RPAD)
3. One CC to SRI P ROY REDDY Advocate [OPUC]
4. Two CCs to Mr. Kasa Jagan Mohan Reddy, Special Government Pleader, High Court Of Andhra Pradesh. [OUT]
5. One spare copy | SP HIGH COURT KVLJ DATED: 11/08/2020 POST THIS WRIT PETITION ALONG WITH WP NO.8300 OF 2020 AFTER FOUR WEEKS.
ORDER IA No. 1 OF 2020 IN WP NO: 13675 OF 2020 DIRECTION TSN