JUDGMENT

R Raghunandan Rao, J. - M/S. Hinduja National Power Corporation Limited (HNPCL), for the purpose of establishing a coal based thermal power project at Devada Village, Pedagantyada Mandal, Visakhapatnam District, had appointed M/s. Bharat Heavy Electricals Limited as their EPC contractor. M/s. Bharat Heavy Electricals Limited, in turn, appointed the petitioner as a sub-contractor for carrying out civil contracts of levelling/grading and clearing of bushes for making the ground even and suitable for future construction.

2. In pursuance of this contract, the petitioner commenced excavation of soil and sand for spreading out the same to make the ground even for the purpose of construction of thermal power project. It appears that a vigilance team of the Mining Department had inspected the site and on the basis of certain statements said to have been made by the representatives of the petitioner, forwarded a report dated 11.03.2011 to the Assistant Director of Mines and Geology. On the basis of the said report, the Assistant Director, Mines and Geology issued a show cause notice dated 14.03.2011 calling upon the petitioner to show cause why the petitioner should not be required