4. Learned counsel for petitioners submit that petitioners have been de-casting the sand from their private patta land and they have not deviated from the permission granted nor were indulging in de-casting of the sand outside the limits. He further submits that on earlier occasion a complaint was made before this Court in W.P. No. 16242 of 2014 against de-casting of sand in river bed. This Court by order dated 24.6.2014 directed the District Judge, East Godavari to enquire as to whether land of petitioners is in river bed and sand is being de-casted nearer to river course and to submit a report. Accordingly, the Special Judge-cum- X Additional District Judge, Rajahmundry made site inspection on 28.6.2014 and submitted report on 30.6.2014. It is reported that lands of petitioners are 960 meters away from river course. One more writ petition in W P No. 19356 of 2014 was filed making similar allegations. By order dated 24.7.2014 Principal Secretary, Industries and Commerce Department was directed to cause enquiry. This report also refutes allegations made against petitioners. While so, the impugned proceedings have been issued. Though, first of the proceedings camouflage as notice, it is nothing but an order as seen from the last portion of the proceedings, wherein it is held that petitioners have violated the rules 1966, de-casted the sand outside permissible limit and therefore liable for penalty and accordingly huge penalty is imposed and petitioners were directed to pay penalty within 15 days. The consequential orders/decisions were made. Learned counsel for petitioners submit that before taking such decisions fixing liability and canceling the permission/ licence granted to petitioners, no prior opportunity of hearing was given and petitioners were not put on notice. If petitioners were put on notice, they would have explained their version that they have not violated any of the permissions granted to them. Thus, all the decisions are ex-facie illegal and liable to be set aside for violation of the principles of natural justice and fair play.
