R.M.Exports Vs the State of Andhra Pradesh

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 a Writ, order or direction, especially^{oneinthenatureof} WRIT OF MANDAMUS declaring the Demand Notice No. 1497/MDL/2022-7 dt.27.06.2023 issued by Respondent No.2 without considering the reply given by the petitioner for Show cause notice dt.09.09.2022 and thereby insisting the petitioner to pay an amount of Rs.36,06,661/-^towardstheas arbitrary, illegal in violation of Principles of Natural Justice without jurisdiction and violative of Articles 14 and 19 of^{ConstitutionofIndiaand} contrary to APMMC Rules 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 th,e affidavit filed in support of the petition, the High Court may be to suspend“the Demand Notice No. 1497/MDL/2022-7 dt.27.06.2023^issued by Respondent No 2 pending disposal of Writ Petition. Counsel for the Petitioner: SRI K.SAI NAVEEN FOR M/s.UTTARA LEGAL Counsel for the Respondent Nos. 1 & 2: GP FOR MINES^&GEOLOGY The Court made the following: ORDER

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APHC010031492025

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/

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3310]

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TUESDAY ,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 2471/2025

Between:

R.m.exports

...PETITIONER

AND

The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:

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UTTARA LEGAL

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Counsel for the Respondent(S):

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1.GP FOR MINES AND GEOLOGY

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The Court made the following:

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ORDER:

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The Writ Petition is filed under Article 226 of the Constitution of India

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seeking the following relief:

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.. pleased to issue a Writ order or direction especially^oneInthe nature of Writ of Mandamus declaring the Demand Notice NO.1497/MDU2022-7 dt 27.06.2023 issued by Respondent No.2 without considering the reply given by the petitioner^forShowcause notice dt 09.09.2022 and thereby insisting the petitioner to pay an amount of Rs.36,06,6617- towards the as arbitrary illegal^{Inviolationof} Principles of Natural Justice without jurisdiction^{andviolativeofArticle}

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i.-

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w

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14 and 19 of Constitution of India and contrary to^APMMC Rules consequently set aside the same and pass...”

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Heard Mr K.Sai Naveen, learned counsel for the petitioner^and the learned Government Pleader for Mines and Geology^appearingfor Respondents.

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On hearing, learned counsel for the petitioner submits^thatthe matter is squarely covered by the order passed by this^{CourtinW.P.No.1645} of 2025, dated 24.01.2025, and hence, requests this^{Courttopasssimilar} order in this petition also. The operative portion^{ofthesaidorderisasfollows:-}

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Considering the submissions of learned counsel for the petitioner and the learned Assistant Government^Pleaderfor Mines and Geology, the respondent is directed to consider^and dispose of the Revision filed by the petitioner, dated 12.06.2023 within a period of two (02) months from the date of^{receiptofacopy} of this order.

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With the above directions, this Writ Petition is disposed^of at the stage of admission. There shall be no order^astocosts.

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Learned Government Pleader for Mines and Geology appearing for the respondents opposed for grant of any relief^{inthewritpetitionand} prayed to dismiss the same.

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In view of the submission made by both the learned^counselsand upon perusing the entire material available on record,^{thisCourtdeemsfitto} dispose of the present Writ Petition in terms of the^saidorder.

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t

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Accordingly, this Writ Petition is disposed of in terms^oftheorder passed in W.P.No.1645 of 2025, dated 24.01.2025. There shall be no order as to costs.

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The Registry is directed to attach a copy of the order passed in W.P.No.1645 of 2025, dated 24.01.2025 to this order.

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As a sequel, miscellaneous applications pending, if any, shall stand closed.

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SD/- K. TATA RAO //TRUE COPY// DEPUTY REGISTRAR

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To,

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SECTION OFFICER

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The Principal Secretary, Department of Mines & Geology,^Stateof Andhra Pradesh Secretariat Building, Velagapudi, Amaravati, Guntur District.

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The Divisional Mines & Geology Officer, Tekkali, Srikakulam District.

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One CC to M/s. Uttara Legal, Advocate [OPUC] >

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One CC to Sri K.Sai Naveen, Advocate [OPUC]

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Two CCs to GP for Mines & Geology, High Court of Andhra Pradesh.

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[OUT]

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Three CD Copies.

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( Along with the Copy of the Order in WP.No.1645 of 2025 dated 24.01.2025) gi

f

HIGH COURT

DATED:04/02/2025

ORDER

WP.No.2471 of 2025

11< FES 2025
o Co,
. Current 6euiion ^

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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APHC010031542025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3310]

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FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 1645/2025

Between:

Tirumala Granites

...PETITIONER

AND

The State Of Andhra Pradeshq and Others ...RESPONDENT{S)

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Counsel for the Petitioner:

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UTTARA LEGAL

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Counsel for the Respondent(S):

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1.GP FOR MINES AND GEOLOGY

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The Court made the following:

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ORDER

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This Writ Petition is filed under Article 226 of the Constitution of India for

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the following relief:-

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.. pleased to issue a Writ order or direction especially one in the nature of Writ of Mandamus declaring the Demand Notice No.1497/MDL/2022-6, dt 12.06.2023 issued by Respondent No. 2 without considering the reply given by the petitioner for the^Show cause notice dt 12.09.2022 and thereby insisting the petitioner to pay an amount of Rs. 16,80,572/- towards penalty as arbitrary, illegal In violation of Principles^of

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jurisdiction ^ and 19 of Constitution r.f, w violative of Article Rules, 1966 consequently setZTtteTZVnTq,T':

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The case of the petitioner in brief i IS that the petitioner is a Partnership ifrm and was granted a Mineral dealer license (for short ‘the MDL’) on 09.10.2018 by the Deputy Director of Mines and Geology. Srikakulam fora period of 20 years. Thereafter, 2'^'^ respondent had i 'ssued a s/7ow-caiyse notice on 16.08.2022 wherein it was mentioned that the technical staff had visited the petitioner’ s unit on 06.04.2022 and number of raw reported that there are 3 granite blocks of 301 cbm. As per the inspectioni report, the difference quantity is 4 cbm available in the MDL unit of the petitioner. In response to the same, the petitioner has submitted explanation on 12.09.2022 explaining the reasons. Thereafter, Respondent No.2 has passed the impugned demand notice, dated 12.06.2023 imposing a penalty of Rs. 16,80,572/ which is inclusive of normal sei seignorage fee, consideration amount, five times penalty, DMF and MERIT i in exercise of power under Rule 26(3) (ii) of APMMC Rules. The petitioner was advised to file revision before the Government and accordingly, ,be petitioner hied revision on 23.08.2023. During pendency of the Revision, Respondent No.2 is threatening to take action against the demand notice, dated 12.06.2023. Hence, the present Writ Petition is filed.

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Heard Mr K.Sai Naveen, learned counsel representing^onbehalf of Uttara Legal for petitioner and Smt Sudeepthi, learned Assistant Government Pleader for Mines and Geology appearing^{fortherespondents.} 4. On hearing, while reiterating the averments made^{inWritPetition} learned counsel for the petitioner submits that aggrieved^bytheDemand 1®* Notice dated 12.06.2023, the petitioner has filed revision^beforethe 2"'^ respondent is respondent. During pendency of the said Revision, the proceeding to take steps in pursuance of the impugned^Demand Notice, dated 12.06.2023 which is illegal and arbitrary. Hence,^{thelearnedcounselfor} the petitioner requests to pass appropriate orders.

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Smt Sudeepthi, learned Assistant Government Pleader^forMines and Geology appearing for the respondents opposed for^{grantofanyreliefin} this Writ Petition and prayed to dismiss the same.

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Considering the submissions of learned counsel for^{thepetitioner} and the learned Assistant Government Pleader for Mines^{andGeology,the1"^} respondent is directed to consider and dispose of the^{Revisionfiledbythe} petitioner, dated 12.06.2023 within a period of two^{(02)monthsfromthedate} of receipt of a copy of this order.

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With the above directions, this Writ Petition is disposed^ofatthe

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stage of admission. There shall be no order as to costs.

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As a sequel, miscellaneous applications pending, if any, shall stand

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closed.

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DR. K. MANMADHA RAO, J.

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Date: 24.01.2025 TM

R.M.Exports v. the State of Andhra Pradesh

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R.M.Exports v. the State of Andhra Pradesh

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