M/s. Appi Reddy and Company, Vs Government of Andhra Pradesh

THE HON’BLE SRI JUSTICE K.C.BHANU

WRIT PETITION No.23631 OF 2012

ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Certiorari calling for the proceedings dated 25.7.2012 and quash the same as arbitrary, illegal, unjust, unconstitutional and in violation of principles of natural justice.

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2. Heard.

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3. Case of the petitioner is that the Mineral Dealer’s License was granted to him on 1.8.2007 for a period of five years from 1.8.2007 to 31.7.2012 and he is doing his business without any complaints; that the petitioner has applied for renewal of the lease prior to the date of expiry and the same was renewed on 15.07.2012 for another period of five years from 31.7.2012 to 30.6.2017, but the same was cancelled through the impugned proceedings dated 25.7.2012. Hence, he filed the present writ petition.

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4. As seen from the impugned proceedings, it is clear that no notice was issued to the petitioner before cancelling the licence of the petitioner and hence the respondents violated Rule 7(vi) of A.P. Mineral Rules. Therefore, when the valuable right of the petitioner has been affected, he should be given an opportunity to give his explanation. The respondents violated the principles of natural justice.

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5. Hence, the impugned proceedings dated 25.7.2012 can be treated as show-cause notice, for which the petitioner has to give an explanation within a period of 15 days from the date of receipt of a copy of this order and thereafter the 2^nd respondent shall take appropriate decision in accordance with law.

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6. With the above observation, the writ petition is disposed of. No order as to costs.

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7. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

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K.C.BHANU, J

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DATED:03.08.2012 Gk

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THE HON’BLE SRI JUSTICE K.C.BHANU

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WRIT PETITION No.23631 OF 2012

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Date:03.08.2012

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Gk

M/s. Appi Reddy and Company, v. Government of Andhra Pradesh

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M/s. Appi Reddy and Company, v. Government of Andhra Pradesh

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