GSR STONE CRUSHERS Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The facts in each of these cases, differ slightly. However, since they all raise a common question of law, they are being disposed of by way of this common order, by consent of both sides.

(2.) The petitioner in both these writ petitions is the same. The petitioner had been granted a quarry lease for road metal and building stone over an extent of 2.5 hectares in Sy.No.127 of Kadakalla Village, Veeraghattam Mandal, Srikakulam District. The quarry of the petitioner is said to have been inspected by the Vigilance and Enforcement Department, who had thereupon addressed letters to the Mining Department to take action against the petitioner on the basis of the inspection report. Pursuant to this communication, a show cause notice dtd. 20/1/2018 was issued by the Assistant Director of Mines, Srikakulam, calling upon the petitioner to show cause as to why certain penalties etc., should not be collected from the petitioner on the ground of evasion of seigniorage fee. The petitioner is said to have given his reply on 12/2/2018 setting out the facts including the contention that the entire exercise had been conducted in the absence of the petitioner. Thereafter, the Assistant Director of Mines had issued a demand notice dtd. 19/2/2018 calling upon the petitioner to pay certain amounts of money as penalty for infraction of the provisions of the Mines and Mineral (Development and Regulation) Act, 1957 (for short 'the MMDR Act')and Rule 26 of the A.P. Minor Mineral Concession Rules, 1966 (for short 'the Concession Rules'). Aggrieved by the same, the petitioner had approached this Court by way of W.P.No.3390 of 2018.

(3.) While the above writ petition was pending, action was again initiated against the petitioner on the basis of the information said to have been given by the Vigilance and Enforcement Department by way of of show cause notice dtd. 9/4/2021. Thereafter, a demand notice was issued on 22/4/2021 by the Assistant Director of Mines, Srikakulam calling upon the petitioner to pay certain amounts of money as penalty and infraction of the provisions of the MMDR Act and the Concession Rules. Aggrieved by the same the petitioner has filed W.P.No.12334 of 2021.