Allowed

Sri Venkatasai Granites v. State of Andhra Pradesh

Andhra Pradesh HC14 Feb 2024WA/141/2024

Case brief

AI extract

What is this about?

The High Court allowed writ appeals against impugned demand notices. It set aside orders remitting the matter to an alternate remedy because the initial show cause notice was issued without disclosing the underlying inspection report to the quarry lessee, violating principles of natural justice.

What did the court decide?

Impugned judgments and orders set aside; fresh notice to be issued along with the GA(V&E) Department report dated 13.02.2023 and other relevant material.

Sri Venkatasai Granites Vs State of Andhra Pradesh — Property and Title | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATJ

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THURSDAY, THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND

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HON’BLE MR. JUSTICE R.RAGHUNANDAN RAO

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WRIT APPEAL Nos: 141.142.143 and 148 OF 2024

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WRIT APPEAL NO: 141 OF 2024

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Writ Appeal under Clause 15 of the Letters Patent against the order dated 12/01/2024 passed in W.P.No.1111/2024 on the file of the High Court.

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Between:

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Sri Venkatasai Granites, Survey No. 589, 290/3, Basvapalli Village, Naraharipeta Post, Gudipala Mandal, Chittoor District Rep by its Managing Partner, P. Amruthavalli, W/o P. Maheswara Rao, Aged about 48 years, Occ: Business, R/o Door No. 19-262/1 A, Red Cross Street, Mittor, Chittoor, Chittoor District. ...Appellant/Writ Petitioner

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AND

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State of Andhra Pradesh, Rep., by its Principal Secretary, Industries and Commerce (Mines) Department, Secretariat, Velagapudi, Amaravti, Guntur District.

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The Director of Mines and Geology, Andhra Pradesh, Ibrahimpatnam, Vijayawada.

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The District Mines and Geology Officer, Chittoor.

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...Respondents/Respondents

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Demand Notice No.3302/TQL/2019 dated 23/08/2023 passed by the 3^'* Respondent pending disposal of this Writ Appeal.

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Counsel for the Appellant: SRI SIVAPRASAD REDDY VENATI

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Counsel for the Respondents: GP FOR MINES AND GEOLOGY

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WRIT APPEAL NO: 142 OF 2024

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Writ Appeal under Clause 15 of the Letters Patent against the order dated 12/01/2024 passed in W.P.No. 1109/2024 on the file of the High Court.

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Between:

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M/S Sri Venkatasai Granites, Survey No.589, 290/3, Basvapalli Village, Naraharipeta Post, Gudipala Mandal, Chittoor District Rep by its Managing Partner, P. Amruthavalli, W/o P. Maheswara Rao, Aged about 48 years, Occ:

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Business, R/o Door No.19-262/1A, Red Cross Street, Mittor, Chittoor, Chittoor District.

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...Appellant/Writ Petitioner

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The State of Andhra Pradesh, Rep., by its Principal Secretary, Industries and Commerce (Mines) Department, Secretariat, Velagapudi, Amaravati, Guntur District.

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The Director of Mines and Geology, Andhra Pradesh, Ibrahimpatnam, Vijayawada.

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The District Mines and Geology Officer, Chittoor.

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...Respondents/Respondents

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Demand Notice No.1186/TQL72012 dated 23/08/2023 passed by the 3^'* Respondent pending disposal of this Writ Appeal.

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Counsel for the Appellant: SRI SIVAPRASAD REDDY VENATI

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Counsel for the Respondents: GP FOR MINES AND GEOLOGY

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WRIT APPEAL NO: 143 OF 2024

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Writ Appeal under Clause 15 of the Letters Patent against the order dated 12/01/2024 passed in W.P.No.1127/2024 on the file of the High Court.

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Between:

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M/s Sri Venkatasai Granites, Survey No.589, 290/3, Basvapalli Village, Naraharipeta Post, Gudipala Mandal, Chittoor District Rep by its Managing Partner, P. Amruthavalli, W/o P. Maheswara Rao, Aged about 48 years, OccBusiness, R/o Door No.19-262/1A, Red Cross Street, Mittor, Chittoor, Chittoor District.

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...AppellantA/Vrit Petitioner

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AND

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State of Andhra Pradesh, Rep., by its Principal Secretary, Industries and Commerce (Mines) Department, Secretariat, Velagapudi,^{Amaravati,Guntur} District.

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The Director of Mines and Geology, Andhra Pradesh, Ibrahimpatnam, Vijayawada.

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The District Mines and Geology Officer, Chittoor.

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...Respondents/Respondents

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be Pleased to suspend the Demand Notice No.3304/TQL/2019 dated 23/08/2023 passed by the 3'^'' Respondent pending disposal of this Writ Appeal.

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Counsel for the Appellant: SRI SIVAPRASAD REDDY VENATI

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Counsel for the Respondents: GP FOR MINES AND GEOLOGY

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WRIT APPEAL NO: 148 OF 2024

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Writ Appeal under Clause 15 of the Letters Patent against the order dated 12/01/2024 passed in W.P.No.1102/2024 on the file of the High Court.

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Between:

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M/s Sri Venkatasai Granites. Survey No.589, 290/3, Basvapalli Village Naraharipeta Post, Gudipala Mandal, Chittoor District Rep by its Managing Partner, P. Amruthavalli, W/o P. Maheswara Rao, Aged about 48 years Occ Business, R/o Door No. 19-262/1 A, Red Cross Street, Mittor, Chittoor Chittoor District.

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...Appellant/Writ Petitioner

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1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Industries and Commerce (Mines) Department, Secretariat, Velagapudi, Amaravati, Guntur District.

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The Director of Mines and Geology, Andhra Pradesh, Ibrahimpatnam

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Vijayawada.

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The District Mines and Geology Officer, Chittoor.

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...Respondents/Respondents

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lA NO: 1 OF 2024

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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 Demand Notice No.395/01/2017 dated 23/08/2023 passed by the 3 rd Respondent pending disposal of this Writ Appeal.

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Counsel for the Appellant: SRI SIVAPRASAD REDDY VENATI

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Counsel for the Respondents: GP FOR MINES AND GEOLOGY

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The Court made the following:

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m THE HIGH COURT OP ANDHRA PRADESH: AMARAVATI

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HON’BLE MR.JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE &

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HON’BLE MR. JUSTICE R. RAGHUNANDAN RAO

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WRIT APPEAL Nos. 141, 148. 145 and 148 of 8024 M/s. Sri Venkatasai Granites, Survey No.589, 290/3, BasvapaDi Village, Naratiaripeta Post, Gudipala Mandal, Chittoor District, Rep. by its Managing Partner, P. Amruthavalli, W/o.P. Malieswara Rao, Aged about 48 years, Occ: Business, R/o. Door No. 19-262/1A, Red Cross Street, Mittor, Chittoor, Chittoor District.

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... Appellant in aU the writ appeals

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Versus

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State of Andhra Pradesh, Rep. by its Principal Secretary, Industries and Commerce (Mines) Department, Secretariat, Velagapudi, Amaravati, Guntur District and two others.

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...Respondents in all the writ appeals

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Mr. Siva Prasad Reddy Venati, Counsel for the appellant. Government Pleader for Mines and Geology, Counsel for respondent Nos.lto3.

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DATE : 15.02.2024

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COMMON JUDGMENT:

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HCJ & RRR, J WA_Nos_141_2024 a batch

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PER DHIRAJ SINGH THAKUR, CJ:

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Service of notices waived by learned Government Pleader^for Mines and Geology appearing for respondent Nos.l to^3inWrit Appeal Nos.141, 142, 143 and 148 of 2024.

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Learned counsel for the parties agree to the final disposal of the present writ appeals at the admission stage itself.

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In all the four aforementioned writ appeals, since^common questions of law and fact arise, we propose to deal with them by way of a common judgment and order. Facts in W.A.No.141^of2024are being referred to, for the sake of convenience.

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The present writ appeal under clause 15 of the Letters^Patent has been preferred agamst the judgment and order dated 12.01.2024 passed in W.P.No. 1111 of 2024.

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The petitioner/appellant herein is the beneficiary of a quarry lease executed in its favour by the Assistant Director^ofMinesand Geology, Ghittoor dated 25.03.2021. The lease was to^remainin force tiU 31.08.2030.

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HCJ a RRR, J 3 WA_Nos_141_2024 a batch

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It appears that the Government issued a memo dated 20.04.S023, forwarding a report of GA (V&?E) Department^tothe Director of Mines and Geology, as per the said report the quarry lease held by the petitioner was jointly inspected by the officials of the Vigilance and Enforcement Department along with^officialsof Mines and Geology department fi'om 06.08.2022 to 08.08.2022ⁱⁿ which certain deviations and violations imder the Andhra^Pradesh Idinor Mineral Concession Rules, 1966 (for short “APMMC^Rules, 1966”) and Granite Conservation And Development Rules,¹⁹⁹⁹ (for short “GCDR, 1999”) were reported. A show cause^noticedated 30.06.2023 was served upon the petitioner requiring it to show cause as to why action he not taken against it in accordance^with Rule 12 (5) (h)(iii) of the APMMC Rules on account of the violations committed by it. The petitioner stood informed^that failure to submit a reply would result in necessary^{actionunderthe} said rules based on the material available on record.

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A reply dated 17.07.2023 was then furnished by the petitioner to the respondents wherein it was highlighted^thatthe show cause notice was served upon him without the material^rehed upon in the same, without which it was stated that^noeffective representation/reply could be submitted in regard to^{theallegations}

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4 HCJ a RRR, J WA_Nos_141_2024 a batch

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made therein. Even then some explanation was rendered to the said show cause notice. PinaUy, a demand notice dated 23.08.2023 was issued by the District Mines aud Geolog7 Officer, Chittoor requiring the petitioner to pay an amount of Rs. 1,29,11,21,580/-.

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The petitioner in those circumstancesci finally challenged the notice of demand by filing a writ petition which came to be disposed of, by relegating the petitioner to the alternate remedy, considering the fact that the petitioner in his reply to the show cause notice had not specificaUy mentioned the fist of documents which were required to be served upon the petitioner.

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Learned counsel for the appellant would submit that failure on the part of the official respondents to furnish to the petitioner the report of GA (V&E) Department, dated 13.02.2023 based upon Which the show cause notice was served upon the petitioner/appeUant herein had resulted i .. in grave prejudice to the appeUant inasmuch as in the absence of such material, the appeUant was precluded from making an effective representation.

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Rehance was placed upon the Apex Court judgment rendered in the case of Nagarjuna Construction Company Lunited vs.

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HCJ a RRR, J 5 WA_Nos_141_2024 & batch

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Government of Andhra Pradesh^ and in particular paragraph³¹ wherein the Apex Court held:

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‘31. The basic principles of natural Justice seem to have^been disregarded by the State Government while revising^theorder. It acted on materials which were not supplied to the appellants. Additionally, the High Court for the Grst time made^{referencetothe} report/inspection notes which were not even referred to by the State Government while exercisingrevlslonalpower. ”

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It is a fundamental principle of law that before any^actionis taken against a person, he is to be given a reasonable opportunity of being heard. A reasonable opportunity of being heard would necessarily imply serving upon such a person the requisite^material based upon which the action is proposed to be taken^{asreflectedin} the show cause notice. Failure to provide such material based upon which action is proposed to be taken against a person^wouldindeed prevent such a person from submitting a comprehensive reply and the reply so furnished in the absence of such a material would only be rendered illusory.

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Be that as it may, we allow the present writ appeal^andset aside the judgment and order passed by the learned single Judge. A fresh notice may be issued by the official respondents to the

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(2008) 16 see 276

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6 HCJ a RRR, J WA_Nos_141_2024 a batch

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appeUant herein along with the copy of the GA (V&E) Department report, dated 13.02.2023, as also any other material which can be used by the official respondents while contemplating action against the appeUant in terms of the Rule 12 (5) (h)(iii) of the APMMC Rules, 1966. No order as to costs.

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Consequently, W.A.Nos.l42, 143, and 148 of 2024, shaU stand allowed and the judgments and orders impugned therein, shaU stand set aside.

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Pending misceUaneous apphcations, if any, shaU stand closed.

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Sd/- S.V.S.R.MURTHY //TRUE COPY// JOIN^^E^T^R To, SECflONOFFICER 1. ^Andhra KsTle^crLtariaf Department, State 2. Ibrahimpatnam, 3. 4. Onl or Chittoor. 5. Two Advocate [OPUC] 6. Two S Copfes ^ Andhrj Pradesh. [OUT] RAM gl

HIGH COURT

DATED:15/02/2024

COMMON JUDGMENT

WA.Nos.141,142,143 and 148 of 2024

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