Andhra Pradesh High Court - Amravati
Th vs The State Of Andhra Pradesh on 1 February, 2021
3208 (SHOW CAUSE NOTICE BEFORE ADMISSION) t 5 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY , THE FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE :-PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 2225 OF 2021 Between: tH M/s. Aamoda Publications Pvt Ltd, Rep. by its Branch Manager, Mr. Vemuri Murali S/o V. Sambasiva Rao, Aged 49 years, O/o Andhrajyothy Buildings, Vedurupavuluru, Mustabad Gram Panchayat, Gannavaram Main Road, Vijayawada. ... Petitioner . AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department, Secretariat, Velagapudi, Amaravati, Andhra Pradesh. The Director of Mines and Geology, Ibrahimpatnam, Vijayawada. The Deputy Director of Mines and Geology, Visakhapatnam. The Assistant Director of Mines and Geology, Visakhapatnam. The Regional Vigilance and Enforcement Officer, VUDA Shopping Centre, Sector- Vil, M.V.P.Colony, Visakhapatnam. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Assignment) Department, Secretariat, Velagapudi, Amaravati, Andhra Pradesh. 7. The District Collector, Visakhapatnam. OR ON m ... Respondents Whereas the Petitioner above named through his Advocate Sri Ginjupalli Subba Rao presented this 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 order or orders or direction or writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing Demand Notice No.3557/Q/TP/2018 dated 29.10.2020 issued by the 4th respondent without following due process of law and without application of mind as illegal, arbitrary, contrary to the provisions of the A.P. Minor Mineral Concession Rules, 1966 and unconstitutional and consequentially set aside the same and direct the respondents i. not to take any coercive steps against the petitioner, ii. not to enforce the demand of payment of penalty and seigniorage fee amount as per Demand Notice dated 29.10.2020, and iii. not to interfere with the possession of the petitioner over land in Sy.No.191/10 and 191/14 of Paradesipalem village, Visakhapatnam Rural Mandai, to an extent of Ac.1.50 cents. And Whereas the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri Ginjupalli Subba Rao Advocate for the Petitioner, and GP for Mines for R.1 to R.4 and GP for Revenue for R.6 and R.7 and directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. You viz: 1. The Principal Secretary, Mines and Geology Department, Secretariat, Velagapudi, State of Andhra Pradesh, Amaravati, Andhra Pradesh. The Director of Mines and Geology, lbrahimpatnam, Vijayawada. The Deputy Director of Mines and Geology, Visakhapatnam. The Assistant Director of Mines and Geology, Visakhapatnam. The Regional Vigilance and Enforcement Officer, VUDA Shopping Centre, Sector- Vil, M.V.P.Colony, Visakhapatnam. The Principal Secretary, Revenue (Assignment) Department, Secretariat, Velagapudi, State of Andhra Pradesh, Amaravati, Andhra Pradesh. 7. The District Collector, Visakhapatnam. a kwN oO 4& are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before 01-03-2021 on which date the case stands posted for hearing. IA NO: 1 OF 2021 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 Dernand Notice No.3557/Q/TP/2018 dated 29.10.2020 issued by the 4th respondent, including recovery of demand amount, pending disposal of WP No. 2225 of 2021, on the file of the High Court. The Court made the following: ORDER:
"Notice before admission.
Learned senior counsel appearing for the petitioner has contended that the impugned notice, dated 29.10.2020, demanding the petitioner to pay seigniorage fee with ten times penalty is in violation of principles of natural justice. Before issuing the said notice, no opportunity was given to the petitioner.
The other contention of the learned senior counsel is that the petitioner is not doing any regular mining operations. Hence, the provisions of the APMMC Rules, 1966 are not applicable to the petitioner. Learned Government Pleader appearing on behalf of the respondents conceded that before passing the impugned demand notice, no show cause notice was issued and the impugned notice was issued basing on the report submitted by the Regional Vigilance and Enforcement Officer.
Considering the above submissions, there shall be interim suspension of the impugned notice, dated 29.10.2020, issued by respondent No.4.
Post after four (4) weeks.
Meanwhile, respondents are directed to file counter."
-- 4 vail SD/- G Srinivas p<, ASSISTAW) seco ty (TRUE COPYI// A ~ZGCISTRAR For ASSISTANT REGISTRAR
1. The Principal Secretary, Mines and Geology Department, Secretariat, Velagapudi, State of Andhra Pradesh, Amaravati, Andhra Pradesh. The Director of Mines and Geology, lbrahimpatnam, Vijayawada. The Deputy Director of Mines and Geology, Visakhapatnam. The Assistant Director of Mines and Geology, Visakhapatnam. The Regional Vigilance and Enforcement Officer, VUDA Shopping Centre, Sector- VII, M.V.P.Colony, Visakhapatnam. The Principal Secretary, Revenue (Assignment) Department, Secretariat, Velagapudi, State of Andhra Pradesh, Amaravati, Andhra Pradesh. To, oRON @
7. The District Collector, Visakhapatnam.(RR 1 to 7 by RPAD- along with a copy of petition and memorandum of grounds)
8. One CC to Sri. Ginjupalli Subba Rao Advocate [OPUC]
9. Two CCs to GP for Mines and Geology ,High Court Of Andhra Pradesh. [OUT]
10. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT]
11.One spare copy PR HIGH COURT DRJ DATED:01/02/2021 POST AFTER FOUR (4) WEEKS.
NOTICE BEFORE ADMISSION WP.No.2225 of 2021 DIRECTION
- A FEB 2021 Ne