Remanded

M/s.N.R. Minerals v. The State of Andhra Pradesh

Andhra Pradesh HC7 Jul 2025WP/3484/2025

Case brief

AI extract

What is this about?

The High Court set aside a demand notice issued without considering the petitioner's explanation to a prior show-cause notice. The Court directed the respondent to reconsider the explanation and pass appropriate orders after affording a hearing opportunity within six weeks.

What did the court decide?

The demand notice was set aside and the matter remanded to the 3rd respondent to consider the petitioner's explanation and pass appropriate orders after a hearing within six weeks.

M/s.N.R. Minerals Vs The State… — Constitutional and Fundamental Rights | Andhra Pradesh HC (2025)

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'IH ^ \

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APHC010063082025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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•'I't

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 3484 OF 2025

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Between:

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M/s. N.R. Minerals, Rep by its Proprietor M.Rama Mohan Reddy, S/o.Anantha Reddy, Aged 48 years, R/o. Somalaregada Village, Duttalur Mandal, SPSR Nellore District.

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep by its Principal Secretary, Mines and Geology Department, Secretariat, Velagapudi, Amaravathi, Guntur District.

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

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The District Mines and Geology Officer, O/o. District Mines and Geology, SPSR Nellore 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 a Writ of Mandamus, or other appropriate writ, order or direction, declaring the Demand Notice N0.4937/P/2OI9 dated 26-06-2024 issued by the 3rd respondent herein as highly illegal, arbitrary, unreasonable, violation of Principles of Natural Justice and violative of Article 14 and

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19(l)(g) of the Constitution of India and contrary to the provisions of the Andhra Pradesh Minor Mineral Concessions Rules, 1966 and Andhra Pradesh Mineral Dealers Rules, 2017 and consequently set-aside the Demand Notice No.4937/P/2019 dated 26-06-2024 issued by the 3rd respondent.

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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 to suspend the Demand Notice NO.4937/P/2019 dated 26-06-2024 issued by the 3rd respondent herein, pending disposal of the writ petition.

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Counsel for the Petitioner; SRI P L NARASIMHA RAO

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Counsel for the Respondents: GP FOR MINES AND GEOLOGY

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The Court made the following order:

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APHC010063082025

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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(Special Original Jurisdiction)

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[3458]

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TUESDAY, THE EIGHTH DAY OF JULY 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: 3484 of 2025

Between:

M/s.N.R. Minerals

...Petitioner

AND

The State of Andhra Pradesh and others

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...Respondents

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Counsel for the Petitioner: P L Narasimha Rao

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Counsel for the Respondents: GP for Mines and Geology

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The Court made the following order:

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Heard Sri P.L.Narasimha Rao, learned counsel for the petitioner and Smt. P.Sudeepthi, learned Assistant Government Pleader for Mines and Geology appearing for the respondents.

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The writ petition is filed challenging the Demand Notice No.4937/P/2019 dated 26.06.2024 issued by the 3*^^ respondent.

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It is stated that vide proceedings dated 20.05.2022, the 2^^^ respondent has granted Quarry Lease to the petitioner over an extent of Ac.4.757 hectares in Sy.No.863-2 (Bit) (3.59 Acres), 864-1 (Bit) (6.40 Acres) & 865-1 (Bit) (1.76 Acres) of Bhairavaram Village, Duttalur Mandal, SPSR Nellore District. In connection thereto, a lease agreement was entered into with the petitioner for

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KM,J W.P.No.3484of2025

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conducting quarry operations in respect of the subject^landwith effect from 07.06.2022 and the lease for the subject area commenced^{from07.06.2022} and is valid upto 06.06.2042.

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Learned counsel for the petitioner submits that the 3'^ respondent has issued a show-cause notice dated 02.05.2024 alleging that the MDL holders, alleging to be, the culprits, commenced illegal mining^{ofMicaceousQuartz} mineral in the subject lands and a transporting the mineral to their MDL area, and after purchasing the raw material Transit forms from the subject district Non-Working Quarry owner and also from other District Quarry owners uploading the same in their portal and downloading^{TransitPassesfromtheir} portal, the mineral is being dispatched to China Chennai Port, in violation of Rule 8(1) of Andhra Pradesh Mineral Dealers’ Rules, 2017 and Rule 26(3)(ii) & 34(1) of Andhra Pradesh Minor Mineral Concession Rules,^1966.

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To the said show-cause notice, the petitioner submitted his explanation on 06.06.2024, stating that he received the show-cause notice dated 02.05.2024 on 03.06.2024. Furthermore, the petitioner submitted that they are engaged in a genuine business and would sell raw materials using online transit forms to all MDL holders, along with Transit forms, tax invoices. waybills, etc. The petitioner has requested the authorities to conduct a re-inspection and survey.

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Learned counsel for the petitioner contends that without considering the explanation submitted by the petitioner the 3”^^ respondent has issued

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KMJ W.P.No.3484 of 2025

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impugned demand notice dated 26.06.2024 stating that^{theleaseholderhas} not given any reply to the show-cause notice dated^02.05.2024.

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Learned counsel for the petitioner further submits^{thattheshow-cause} notice dated 02.05.2024 was received by the petitioner on 03.06.2024 immediately after receiving the show-cause notice, the petitioner has filed his objections on 06.06.2024 and the same was not considered. Thus, the learned counsel for the petitioner prays to set-aside the impugned^{demandnoticeand} remit the matter to the 3'"'^ respondent for passing orders afresh after considering the explanation of the petitioner dated^06.06.2024.

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On the other hand, Smt. P.Sudeepthi, learned Assistant^Government Pleader for Mines and Geology appearing for the respondents^{submitsthatthe} explanation given by the petitioner is not a proper explanation to the showcause notice. Therefore, a detailed explanation shall^{besubmittedtotheshow-} cause notice answering the allegations raised by the department.

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Considered the rival submissions. A perusal of the impugned order reflects that the same was passed, on the pretext of the petitioner’s explanation to the show-cause notice was not filed. However, it is noted from the explanation dated 06.06.2024 that the same was received by the office of the 3^"^ respondent on 10.06.2024.

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Having regard to the same, this Court deems it appropriate^todirectthe 3'^'^ respondent to consider the petitioner’s explanation^{dated06.06.2024filedin} response to the show-cause notice dated 02.05.2024. The impugned order is

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KM,J W.P.No.3484 of 2025

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accordingly set-aside and the matter is remanded back to the 3'^ respondent to pass appropriate orders after affording a due opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

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With the above observation, the Writ Petition is disposed^{of.Thereshall} be no order as to costs.

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

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closed.

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Sd/- K. TATA RAO DEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

Mines and Geology Department, State of

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1. The Principal Secretary Andhra Pradesh, Secretariat, Velagapudi, Amaravathi,^{GunturDistrict.}

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The Director of Mines and Geology, Government of Andhra^Pradesh Ibrahimpatnam, Vijayawada, Krishna District.

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The District Mines and Geology Officer, O/o. District Mines and Geology, SPSR Nellore District.

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One CC to Sri. P L Narasimha Rao Advocate [OPUC]

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Two CCs to GP for Mines and Geology High Court of Andhra Pradesh [OUT]

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Three CD Copies GSC

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HIGH COURT DATED:08/07/2025

ORDER

WP NO. 3484 OF 2025

DISPOSING THE WP

WITHOUT COSTS

M/s.N.R. Minerals v. The State of Andhra Pradesh

Case brief

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M/s.N.R. Minerals v. The State of Andhra Pradesh

Case brief

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