Telangana High Court
WP/26750/2008 of M/s. Venkateswara Mines AND Minerals, rep. by its Vs The Government of Andhra Pradesh, rep. by its on 30 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION Nos. 26247, 26253, 26750, 26772, 26798, 26816 of 2008 Between: Smt. G. Suvarnalatha, W/o.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)TUESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENTTHE HON'BLE MR JUSTICE RAMESH RANGANATHANWRIT PETITION Nos. 26247, 26253, 26750, 26772, 26798, 26816 of2008
Between:
Smt. G. Suvarnalatha, W/o. G. Rajendranath Goud, R/o. H.No. 1-8-193/3, Chikadpally, Hyderabad - 500 080.
..... PETITIONER
AND
1 The Government of Andhra Pradesh, Rep. by its SecretaryDepartment of Industries and Commerce, Secretariat Buildings,Secretariat, Hyderabad.
2 The Director of Mines & Geology, BRKR Building, 8th Floor, TankBund Road, Hyderabad.3 The Assistant Director of Mines & Geology, Tandur, Ranga ReddyDistrict.
Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to to issue an order or writ one in the nature of Writ ofMandamus, declaring the action of the Assistant Director of Mines &Geology, in Notice No. 978/M/2003, dt. 01-10-2008 as arbitrary, illegal,unjust, unconstitutional, violative of principles of natural justice, withoutjurisdiction and contrary to Section 9 and Schedule II of Mines andMineral (Regulation and Development) Act, 1947 and consequentlycall for the records in the proceedings and set aside the same andpass W.P.No.26253 of 2008
Between:
G.Srinath Goud S/o.G.Rajendranath Goud
R/o.H.No.1-8-193/3, Chikadpally Hyderabad-500026
AND
1 The Government of Andhra Pradesh, rep.by its SecretaryDepartment of Industries and Commerce, Secretariat Buildings,secretariat, Hyderabad 2 The Director of Mines & Geology,BRKR Buildings 8th floor, TankBund Road, Hyderabad 3 The Assistant Director of Mines & Geology, Tandur Ranga ReddyDistrict
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to to issue an order or writ one in the nature of writ ofmandamus declaring the action of the Assistant Director of Mines &Geology,in Notice No.3787/M/2004 dated 1.10.2008 as arbitrary,illegal, unjust unconstitutional vioaltive of principles of natural justicewithout jurisdiction and contrary to Section 9 and Schedule II of Minesand Mineral (Regulation and Development )Act, 1947 andconsequently call for the records in the proceedings and set aside thesame and pass
W. P. No.26750 of 2008
Between:
M/s. Venkateswara Mines & Minerals, rep. by its Prop: SriM.Sadanandam, S/o. Rajaiah R/o. Rangapuram, Nallabelli,Warangal District.
AND
1 The Government of Andhra Pradesh, rep. by its SecretaryDepartment of Industries and Commerce, Secretariat Buildings,Secretariat, Hyderabad.
2 The Director of Mines & Geology, BRKR Building 8th Floor, Tank Bund Road, Hyderabad.
3 The Assistant Director of Mines & Geology, Warangal.
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to to issue an order or writ one in the nature of writ ofMandamus declaring the action of the Assistant Director of Mines &Geology in Notice L.R.No.5603/M/04 dt. 23.10.2008 as arbitrary,illegal, unjust, unconstitutional, violative of principles of natural justice,without jurisdiction and contrary to Section 9 and Schedule II of Minesand Mineral (Regulation and Development) Act, 1957 andconsequently call for the records in the proceedings and set aside thesame and pass such other order or orders.
W.P. No. 26772 of 2008
Between:
V. Prabhakar Rao, S/o. Venkateswara Rao, R/o. 7-1-469, Mankamma Thota, Karimnagar, Karimnagar District.
AND
1 The Government of Andhra Pradesh, rep. by its Secretary Department of Industries and Commerce, Secretariat Buildings,Secretariat, Hyderabad.
2 The Director of Mines & Geology, BRKR Building 8th Floor, TankBund Road, Hyderabad.
3 The Assistant Director of Mines & Geology, Warangal.
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to to issue an order or writ one in the nature of writ ofMandamus declaring the action of the Assistant Director of Mines &Geology in Notice L.R.No.5046/M/90 dt. 24.10.2008 as arbitrary,illegal, unjust, unconstitutional, violative of principles of natural justice,without jurisdiction and contrary to Section 9 and Schedule II of Minesand Mineral (Regulation and Development) Act, 1957 andconsequently call for the records in the proceedings and set aside thesame and pass such other order or orders.
W. P. No.26798 of 2008
Between:
V. Prabhakar Rao S/o. Venkateswara RAo
R/o. 7-1-469, Mankamma Thota,
Karimnagar, Karimnagar District.
AND
1 The Government of Andhra Pradesh Rep. by its SecretaryDepartment of Industries & Commerce Secretariat Buildings,Secretariat, Hyderabad.
2 The Director of Mines & Geology
BRKR Building, 8th Floor, Tank Bund Road, Hyderabad.
3 The Assistant Director of Mines & Geology Warangal.
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to to issue an order or writ one in the nature of writ ofMandamus, declaring the action of the Assistant Director of Mines &
Geology, in Notice L.R.No. 3941/M/04, dt.nil-10-2008 as arbitrary,illegal, unjust, unconstitutional, violative of principles of natural justice,without jurisdiction and contrary to Section 9 and Schedule II of Minesand Mineral (Regulation and Development ) Act, 1957 andconsequently call for the records in the proceedings and set aside thesame.
W. P. No. 26816 of 2008
Between:
V. Prabhakar Rao S/o. Venkateswara Rao
R/o. 7-1-469, Mankamma Thota Karimnagar, Karimnagar District.
AND
1 The Government of Andhra Pradesh, Rep. by its SecretaryDepartment of Industries and Commerce Secretariat Buildings,Secretariat, Hyderabad.
2 The Director of Mines & Geology, BRKR Building 8th Floor, TankBund Road, Hyderabad.
3 The Assistant Director of Mines & Geology Warangal.
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to to issue an order or writ one in the nature of writ ofMandamus declaring the action of the Assistant Director of Mines &Geology, in Notice L.R.No. 2302/M/02 dt. 24-10-2008 as arbitraryillegal, unjust , unconstitutional violative of principles of natural justicewithout jurisdiction and contrary to Section 9 and Schedule II of Minesand Mineral (Regulation and Development) Act 1957 andconsequently call for the records in the proceedings and set aside thesame and pass Counsel for the Petitioner:SMT.N.SHOBA
Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY
THE HON'BLE MR JUSTICE RAMESH RANGANATHANWRIT PETITION Nos. 26247, 26253, 26750, 26772, 26798, 26816 of 2008
COMMON ORDER:
Heard Smt N.Shoba, learned counsel for the petitioners,and the learned Government Pleader for Industries, and with theirconsent, the writ petitions are disposed of at the admission stage.
Conclusion
While Smt N.Shoba, learned counsel for the petitioners,would contend that the impugned proceedings of the thirdrespondent are demand notices and that the third respondent hadno jurisdiction to pass such an order as it is the Deputy Director ofMines and Geology, who is the competent authority to do so,learned Government Pleader for Industries, would state that theimpugned proceedings are only notices and on receipt ofpetitioners’ explanation thereto, the entire matter would be placedbefore the Deputy Director of Mines and Geology, who shallinitiate appropriate proceedings for recovery of the said amounts in accordance with law.
The proceedings impugned in these writ petitions calls uponthe petitioners’ to pay the amounts due within 15 days. I amunable to accept the submission of the learned GovernmentPleader for Industries that these proceedings are merely notices,to which the petitioners are required to submit their explanations,since the said proceedings required the petitioners to pay theamounts due. Therefore, I am satisfied that the subject matter ofthis writ petition is covered by an order of this Court inW.P.No.17984 of 2008 dated 19.08.2008. Following the saidjudgment, the impugned proceedings of the third respondent arequashed.
Leaving it open to the Deputy Director of Mines andGeology to initiate fresh proceedings against the petitioners, if heso desires, the writ petitions are dismissed. However, in thecircumstances, without costs.
Dt:30-12-2008usd
RAMESHRANGANATHAN,J