Andhra Pradesh High Court - Amravati
P. Khasim vs The State Of Andhra Pradesh, on 26 August, 2020
Author: T. Rajani
Bench: T. Rajani
SMT JUSTICE T.RAJANI
WRIT PETITION No.14599 of 2020
ORDER:
This petition is filed seeking to declare the action of the 4th respondent in not granting dispatch permits of Colour Granite over an extent of Ac.1-00 hector in Survey No.03 of Jadrahalli Village, Makasira Mandal, Ananthapuram District, under A.P. Minor Mineral Concession Rules, 1966, as arbitrary and illegal.
2. Heard the counsel for the petitioner and the Government Pleader for Mines and Geology.
3. Petitioner received a show cause notice, dated 17.02.2018, stating that the petitioner has excavated 3439.78 cum., quantity of colour granite outside the leased area and the petitioner was called upon to show cause as to why action should not be taken. A demand notice was issued on 23.10.2018, against which the petitioner preferred a revision before the 1st respondent on 12.02.2019. The revisional authority set aside the demand notice and directed the 4th respondent to re-survey the area. Petitioner's counsel submits that since the revisional authority set aside the demand notice, petitioner has to be permitted to obtain the dispatch permits.
4. Learned counsel for the petitioner also relies on the order, dated 17.03.2020, passed by this court in W.P.No.7170 of 2020, which was passed under similar circumstances. The only difference being that the material therein was gravel and the material in this case is granite. 2 The court recorded the submission of the petitioner's counsel therein with regard to the readiness of the petitioner therein to pay the Seignorage fee, which he has to pay, and direct the respondents to issue dispatch permits on such seignorage fee being deposited by the petitioner therein.
4. Hence, in terms of the said order, there shall be a direction to the petitioner to make the advance deposit of seignorage fee with the 4th respondent and within three days after making such deposit, the 4th respondent shall issue the dispatch permit for transportation of granite.
With the above observations, the Writ Petition is disposed of. As a sequel, the miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs.
______________ T. RAJANI, J August 25, 2020 LMV 3 JUSTICE T.RAJANI WRIT PETITION No.14599 of 2020 August 26, 2020 LMV