Petitioner challenged notice dated 07.11.2008 seeking deposit of dues for quarrying sand. Court held notice must await outcome of ongoing enquiry ordered in connected W.P. No.19290 of 2008 and abolished petitioner in connivance with judgment below. No order as to costs.
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THE HON'BLE MR JUSTICE L.NARASIMHA REDDY
Writ Petition No.25196 of 2008
ORDER:
The petitioner emerged as the successful bidder for Reach No.10 of Godvari River, for quarrying sand for a sum of Rs.1,54,52,392/- per annum. Alleging that the petitioner failed to deposit a sum of Rs.79,25,582/-, the 3rd respondent issued a notice, dated 07.110.2008, requiring him to deposit the amount, with a threat of punitive action. The same is challenged in this writ petition.
Heard Smt. Shobha, learned counsel for the petitioner and the learned Government Pleader for Industries.
This Court dealt with various aspects of grant of leases for quarrying sand in Godavari River, in the recent past, in its order, dated 15.11.2008 in W.P.No.19290 of 2008. An enquiry was ordered and it was observed that the nature of action to be initiated against the defaulting lessees would depend upon the outcome of the enquiry. The quarry, in relation to which the amount is
demanded, is also the subject matter of the enquiry. This Court is of the view that the nature of action to be initiated against the petitioner must await the outcome of the enquiry.
Hence, the writ petition is disposed of, keeping in abeyance the notice, dated 07.11.2008, till the enquiry ordered by this Court in W.P.No.19290 of 2008 is concluded. There shall be no order as to costs.
_________ 17.11.2008
JSU
THE HON'BLE MR JUSTICE L.NARASIMHA REDDY
Writ Petition No.25196 of 2008
Date: 17.11.2008
JSU
2 issues framed by the court
Whether a notice demanding deposit of sand quarrying lessee dues can be enforced pending enquiry ordered by the Court?
Whether the impugned notice dated 07.11.2008 requires dismissal or abeyance
Colour shows how this judgement treated each authority
W.P.No.19290 of 2008 (order dated 15.11.2008)Referred¶6
1 provisions across 1 enactments
Successful bidder for Godvari River quarry sand
3rd respondent
State of Andhra Pradesh through Government Pleader for Industries
L. Narasimha Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
