Disposed

Sunkara Veera Babu, v. The State of Andhra Pradesh

Telangana HC22 Feb 2018WP/5387/2018

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What is this about?

This judgment disposes of writ petitions questioning a demand notice and impugned order by Mines and Geology officials. The Court held that while a statutory appeal remedy existed, it would direct the Director of Mines to entertain appeals without delay clarification. The respondents from coercive action correlating to the demand notice. The writ petitions were disposed of with these directions.

What did the court decide?

Interim direction to respondents not to take any coercive steps pursuant to the impugned demand notice and order to the Director of Mines and Geology to entertain appeals filed within two weeks from r

Sunkara Veera Babu, Vs The State of… — Constitutional and Fundamental Rights | Telangana HC (2018)

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HON’BLE DR. JUSTICE B. SIVA SANKARA RAO WRIT PETITION Nos.5387, 5388, 5402, 5407 and 5424 of 2018

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COMMON ORDER:

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The respective petitioners filed the writ petitions against the four respondents viz., (1) The State, represented by the Secretary, Mines and Geology Department, (2) The Director of Mines and Geology, (3) The Assistant Director of Mines and Geology, Rajamahendravaram, and (4) Deputy Director of Mines and Geology, Kakinada.

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The prayer in the respective writ petitions with supporting affidavits almost common in all the writ petitions including the demand notice No.277/ADMG(Vg)/2009, dated 19.01.2018, speaks that the 3^rd respondent-Assistant Director of Mines and Geology issued the notice to inspect the site and the petitioners attended joint inspection and they made representations and they also furnished the required documents and the 3^rd respondent did not furnish even the copies of joint inspection report conducted twice with opportunity to file their objections and the 3^rd respondent passed the impugned order, dated 19.01.2018, without application of mind to the explanations/objections submitted by them and the same is liable to be quashed, as the same is contrary to law and laconic and violation of the principles of natural justice. The written instructions received by the learned Government Pleader for Mines is with the submission that there is a statutory remedy of appeal if at all aggrieved, leave about

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there is no basis to the affidavit supportive contentions for no permits filed even to say in the explanation of 25 lorries covered by the permits were unloaded.

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Having regard to the above, once there is an efficacious statutory remedy to go into the controversial factual aspects covered by Rule 34 of the Andhra Pradesh Minor Mineral Concession Rules, 1966, the writ petition can be disposed of instead of keeping by relegating the petitioners to appeal remedy, for the 2^nd respondentDirector of Mines and Geology to entertain appeals if filed within two weeks from the date of receipt of a copy of this order, without insisting for any period of delay to explain, by virtue of this order. For three weeks from today, there shall be interim direction to the respondents not to take any coercive steps pursuant to the impugned demand notice, dated 19.01.2018. Needless to say, in the meantime, if any appeal filed and any interim order sought, the 2^nd respondent shall consider to pass appropriate orders on own merits.

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With the above direction, the writ petitions are disposed of.

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Miscellaneous petitions pending in all the writ petitions, if any, shall stand closed. No costs.

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____________________________ Dr. B. SIVA SANKARA RAO, J

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22^nd February 2018

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mar

Sunkara Veera Babu, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Sunkara Veera Babu, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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