V. MANGA Vs. STATE OF ANDHRA PRADHESH

JUDGEMENT

(1.) The petitioner had been granted lease over 2 Hectares of land in Sy.No.11 of Parawada Village and Mandal, Visakhapatnam District on 28/7/2010, for a period of 10 years.

(2.) While the quarry was in operation, the technical staff of the office of the Assistant Director of Mines and Geology, Visakhapatnam are said to have conducted a survey and inspection on 20/8/2022 and 25/8/2020. This survey is said to have been conducted in the presence of Sri V.Venkata Rao, who is the husband of the writ petitioner herein. On the basis of this inspection, a show cause notice was issued on 9/9/2020 to the petitioner stating that the inspection of 20/8/2020 and 25/8/2020 had revealed that the petitioner had undertaken illegal quarrying outside the lease demarcated area due to which payment of seigniorage fee had been evaded and to show cause why seigniorage fee, penalty and other amounts should not be collect from the petitioner on account of such illegal quarrying.

(3.) In reply to this show cause notice, the petitioner had submitted an interim reply dtd. 28/9/2020. In the said reply, the petitioner apart from raising various issues had contended that the inspection of 20/8/2020 and 25/8/2020 had been conducted behind the back of the petitioner and sought a copy of the said inspection report. The petitioner had taken the stand that she would be able to file a proper reply after only the inspection report is supplied.