BALAJI METAL CRUSHERS Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard Sri M.Ravindra, learned counsel for the petitioner, Sri S.Satish Kumar, learned Government Pleader for Energy, Sri Y.Nagi Reddy, learned Standing Counsel, and Sri K.Naveen Kumar, learned Government Pleader for Commerce and Industries, appearing for the respondents, apart from perusing the entire material available on record.

(2.) In the present Writ Petition, challenge is to the action of the respondents 2 and 3 in disconnecting the power supply to the petitioner-firm on the basis of the letter of the fourth respondent herein.

(3.) According to the petitioner, it is a proprietary firm having obtained the mineral dealership licence certificate bearing No.1450/ADL/2017 from the Department of Mines and Geology for the purpose of storing, selling and trading of road metal and building stone mineral and the same is valid till 31.05.2022. It is stated that the petitioner herein also possesses quarry lease for road metal and building stone in respect of an extent of 1.0 hectare in Sy.No.622 of Melavoi Village, Madakasira Mandal, Anantapur District and that the said lease came to be granted by the Deputy Director of Mines & Geology, Kurnool vide proceedings No.4018/Q4/2010, dated 21.01.2011. It is further stated that the said quarry lease is still subsisting. The Assistant Director of Mines & Geology, Anantapur-fourth respondent herein issued a show cause notice bearing No.2119/Q1/RM/2010, dated 10.03.2020, calling upon the petitioner herein to show cause as to why action should not be taken while pointing out certain alleged irregularities. Subsequently, fourth respondent herein issued a demand notice bearing No.2119/QL/RM/2010, dated 07.04.2020, and demanded to pay a sum of Rs.8,13,13,085/- towards penalty amount along with the normal seignorage fee and the market value of the mineral shown in the said demand notice. Aggrieved by the said demand, dated 07.04.2020, petitioner herein filed a revision before the State Government under Rule 35-A of the A.P.Minor Mineral Concession Rules, 1966 (for brevity, 'the Rules') on 03.07.2017 and, according to the learned counsel, the said revision is pending consideration before the State Government.