P.PURUSHOTHAM REDDY Vs. GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India, ".....to issue a Writ, Order or direction more particularly one in the nature of respondent issued in demand Vnd/2013, dtd. 3/2/2014 as illegal, arbitrary and in and pass such other orders...."

(2.) Heard Mr. O.Manohar Reddy, learned Senior Counsel for the petitioner and learned Assistant Government Pleader, Mines and Geology for the respondents.

(3.) During hearing learned counsel for the petitioner would contend that the Deputy Director of Mines and Geology granted quarry lease in favour of the petitioner vide proceedings dtd. 12/10/2010 and the 4th respondent executed the lease deed dtd. 9/5/2011, since the petitioner has carrying quarry operations of gravel. While the matter stood thus, the leased quarry was inspected by the Regional Vigilance and Enforcement Officer, Nellore dtd. 17/9/2013 along with revenue officials and surveyed the leased area and submitted a report to the 3rd respondent stating that the quantity of gravel excavated before the quarry lease in favour of the petitioner is calculated as 65761.5 cubic meter and after excluding the same, came to conclusion that the total quantity of the gravel excavated by the petitioner is 142008.7 cubit meter and after excluding the same for which the dispatch permits were given, came to the conclusion that the petitioner has transported 50687 cubic meters of gravel without payment of seigniorage fee. On the basis of said report, the 3 rd respondent issued show-cause notice dtd. 21/11/2013, for which the petitioner has submitted explanation. Without considering the same and without even adverting to the various pleas raised by the petitioner the respondents passed impugned order directing the petitioner to pay a sum of Rs.66,90,684.00 and if failed the pay the same as per Rule 26 of the APMMC rules, the petitioner is liable to pay five times penalty on 50687 cubic meters of gravel. Hence the present writ petition came to be filed.