M/s. Pragathi Aqua and Mineral Products Pvt. Ltd., Vs The State of Andhra Pradesh

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APHC010474342025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY,THE TWELFTH DAY OF SEPTEMBER | TWO THOUSAND AND TWENTY FIVE N

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 24537 OF 2025

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Between:

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M/s. Pragathi Aqua and Mineral Products Pvt. Ltd.,, Rep. by it Managing Director, G. Rekha Rani, W/o. Gorripati Venkata Surya Prasad, Aged 52, R/o. 1-38/9, FF-1, Sai Lakshmi Gardens, Chanikyapuri Layout Pothinamallayyapalem, Visakhapatnam, A.P.

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...Petitioner

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AND

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The State of Andhra Pradesh, Department of Mines and Geology Rep. by its Principal Secretary, Secretariat Buildings Velagapudi Amaravati.

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The Director of Mines and Geology AP, Off Sri Anjaneya Towers, D.No. 7-104, B-Block, 5th and 6th Floors, Ibrahimpatnam, NTR District Andhra Pradesh.

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The District Mines and Geology Officer, Vizianagaram, Vizianagaram District.

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...Respondents

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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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of MANDAMUS, declaring the Show Cause Notice

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NO. 1604/RE and VO/2025-2 dated 06-06-2025 and the consequential Demand Notice dated 31-07-2025 (received on 12-08-2025) issued by the 3rd respondent, District Mines and Geology Officer, Vizianagaram District , as being contrary to law, illegal, arbitrary, predetermined, violative of principles of natural justice, without jurisdiction and unconstitutional, and consequently set aside the same.

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lA NO: 1 OF 2025

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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 dated 31-07-2025 issued by the respondent. District Mines and Geology Officer, Vizianagaram District, including all further coercive proceedings pursuant thereto, enabling the petitioner to continue quarry operations in accordance with law, pending disposal of the writ petition.

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Counsel for the Petitioner: SRI POSANI AKASH

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Counsel for the Respondent Nos.1 to 3: GP FOR MINES AND GEOLOGY The Court made the following order:

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APHC010474342025

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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[3458]

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(Special Original Jurisdiction)

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FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 24537 OF 2025

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Between:

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1.M/S. PRAGATHI AQUA AND MINERAL PRODUCTS PVT. LTD.,,^REP. BY IT MANAGING DIRECTOR, G. REKHA RANI, W/0. GORRIPATI VENKATA SURYA PRASAD, AGED 52, R/0. 1-38/9, FF-1, SAI LAKSHMI GARDENS, CHANIKYAPURI LAYOUT POTHINAMALLAYYAPALEM, VISAKHAPATNAM, A.P.

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, DEPARTMENT OF MINES^AND GEOLOGY REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI.

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2.THE DIRECTOR OF MINES AND GEOLOGY AP, OFF SRI ANJANEYA TOWERS, D.NO. 7-104, B-BLOCK, 5TH AND 6TH FLOORS, IBRAHIMPATNAM, NTR DISTRICT, ANDHRA PRADESH.

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3.THE DISTRICT MINES AND GEOLOGY OFFICER, VIZIANAGARAM, VIZIANAGARAM DISTRICT.

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...RESPONDENT(S);

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Petition under Article 226 of the Constitution of India praying^thatin the circumstances stated in the affidavit filed therewith,^{theHighCourtmaybe} pleased topleased to issue an appropriate Writ, Order^or Direction, more particularly one in the nature of Writ of MANDAMUS,^{declaringtheShow} Cause Notice NO. 1604/RE and VO/2025-2 dated 06-06-2025 and the consequential Demand Notice dated 31-07-2025 (received^{on12-08-2025)} issued by the 3rd respondent. District Mines and Geology Officer, Vizianagaram District, as being contrary to law, illegal, arbitrary. predetermined, violative of principles of natural justice,^{withoutjurisdictionand} unconstitutional, and consequently set aside the same,^andpass

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2

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lA NO: 1 OF 2025

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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 AAA pleased to suspend the Demand Notice dated 31-07-2025 issued by the 3 respondent. District Mines and Geology Officer, Vizianagaram District, including all further coercive proceedings pursuant thereto, enabling the petitioner to continue quarry operations in accordance with law, pending disposal of the writ petition and to pass

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Counsel for the Petitioner:

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I.POSANI AKASH

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Counsel for the Respondent(S):

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1.GP FOR MINES AND GEOLOGY

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3

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 24537 OF 2025

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The Court made the following order:

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Heard Sri Posani Venkateswarlu, learned Senior Counsel appearing for Sri Posani Akash, learned counsel for the petitioner and Smt. Sudeepthi Potiuri, learned Assistant Government Pleader for Mines and Geology appearing for the respondents.

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It is contended that the petitioner is an existing quarry leaseholder for road metal and building stone over an extent of 5.00 hectares in Sy.No.07 of Pedadungada Village, Vepada Mandal, Vizianagaram District.^Thesaidlease was transferred in favour of the petitioner vide proceedings^ofthe Deputy Director of Mines and Geology, Vizianagaram dated 08.08.2007.^Theleaseis valid up to 31.03.2033. It is further stated that the petitioner has been operating the quarry as per the approved mining plan.

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It is further contended that a show-cause notice dated^{06.06.2025was} issued to the petitioner, alleging that the Vigilance^{andEnforcementWingof} the Mines and Geology Department along with the Revenue^Department, conducted a joint inspection of the petitioner’s quarry^{leasearea.Duringthe} said inspection, it was allegedly found that the petitioner had obtained dispatch permits over and above the excavated quantity^{andmisusedthe} transit forms. Thus, the show-cause notice was issued.^{Tothesaidnotice,the} petitioner submitted his objections on 27.06.2025. However, in the interregnum, G.O.Ms.No.100 of the Industries and Commerce (Mines-ll)

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4

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Department, dated 26.06.2025 was issued and brought into force certain amendments to the provisions of the A.P. Minor Minerai Concession Rules, 1966.

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The learned Senior Counsel argues that although the show-cause notice was issued prior to the issuance of G.O.Ms.No.100. However, while passing the impugned order, the respondents have taken into consideration the amended provisions of Rule 34 of the APMMC Rules, 1966. It is contended that the said order has been passed without iissuance of a further notice to the petitioner. Therefore, the learned Senior Counsel contends that the show-cause notice was issued in terms of the provisions of the Rules in force at the reievant point of time, however, while passing of the impugned order the amended provisions of the Rules have been applied without putting the petitioner on notice.

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It IS further submitted that the show-cause notice contains several allegations based on some inspection said to have been conducted by the Vigilance Wing of the respondent Department. It is argued that the said inspection report, which formed the basis for issuance of show-cause notice and was relied upon by the respondents, was not furnished to the petitioner along with the show-cause notice.

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Having regard to the same, this Court deems it appropriate to dispose of the writ petition setting aside the impugned order. The respondents are at liberty to pass appropriate orders pursuant to the show-cause notice dated 06.06.2025 after giving liberty to the petitioner to file a detailed explanation.

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5

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The respondents are directed to furnish a copy of the^{inspectionreporttothe} petitioner.

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The respondents shall pass appropriate orders after^{grantingtimetothe} petitioner to file a detailed reply to the show-cause^{noticeafterfurnishingthe} copy of the inspection report.

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