Point of law: Rule 26(1) of APMMC Rules 1966, Rule 12(5)(h)(iii) of APMMC, 1966 for having excavated and transported 749 cum of Colour Granite without payment of seigniorage fee in contravention to condition 5 of grant read with Rule 12(5)(h)(iii) of APMMC, 1966 and under Rule 47 of Granite Conservation Development Rules, 1999 as they have conducted mining operations which is gross violation in accordance with Rule 18(2), 19(1), 31(1), 37 and 41(a)&(b) of Granite Conservation and Development Rules, 1999.

Headnote:
Constitution of India, 1950 – Article 20 – Granite Conservation and Development Rules, 1999 – Rule 18(2), 19(1), 31(1), 37, 26 and 41 – A.P.Mining and Minerals Concession Rules 1966 – Rules 12, 26 – Mines and Minerals (Development and Regulation Act, 1957 – Quarry Lease – Petitioners were granted quarry lease for black galaxy granite over different extents in various survey numbers at various places in Prakasam District for a period of 20 years and the same is valid up to 24.2.2024. – Pursuant to the said grant, petitioners have been extracting mining black galaxy granite strictly in accordance with the terms and conditions of the lease as well as the provisions of the Mines and Minerals (Development and Regulation Act, 1957) and the rules made there under i.e. under A.P.Mining and Minerals Concession Rules 1966. While that being the position, the Additional Director of Mines and Geology had issued show cause notices – Challenging the same, the petitioner has filed W.P.
Finding of court: As per the stand taken by the respondents in their counter that as per section 23(b) of The Mines and Minerals (Development and Regulation)Act, 1957 if any gazetted officer of a Central or State authorized by the State in this behalf by general or special order has power to inspect and search. – On careful scrutiny of G.O.Ms.504 and the Rules governing the filed as far as the position is concerned, this Court satisfied that the State Government has not issued any special order/general orders authorizing any particular officer to search for contraventions to the Act or rules with regard to the mineral or document in these batch of cases. So without there being any specific order, the said provision is not applicable to the present batch of cases. – Any party to the litigation cannot be allowed to take an unfair advantage by committing a breach of an interim order and escape the consequences three of and held that any action taken disobedience on orders passed by the Court would be illegal and subsequent action would be a nullity. – The said principle is squarely applicable to the present batch of cases. – Court is of the considered 2nd opinion that the impugned show cause notices issued by the respondent are set aside and further as per the ratio decided by the Hon’ble Apex Court as referred to above in Manohar Lal (dead) by Lrs v. Ugrasen (dead) by Lrs. And others, the consequential demand notices issued on 31.7.2020, are held as illegal and non-est in the eye of law. – In view of the setting aside the orders of the show cause notice the competent authorities are directed to consider the applications made by the petitioners as per rule 34(1) of A.P.M.M.C.Rules 1966 and pass appropriate orders for dispatch permits, forthwith.
Result: Writ Petitions Allowed.

COMMON ORDER:

Heard learned Senior Counsel Sri A.Sudarshan Reddy for Sri G.Madhusudhan Reddy, learned Counsel Sri N.Subba Rao and Sri P.Roy Reddy for petitioners and Sri P.Sudhakara Reddy, Additional Advocate General for respondents.

2. W.P.No.13676 of 2020 is filed for:

The writ petition is filed under Article 226 of the Constitution of India seeking to call for the records relating to the 2nd respondent’s proceedings dt.31.7.2020 in Notice No.873/V & E/2020-7 in respect of the lease covering 4.100 hectares in Sy.No.107/1, 108/P, 95/P, 112/2P, 113/2P and 113/3P of Gurijepalli (V), Santhamaguluru (M), Prakasam District.

3. W.P.No.13700 of 2020 filed for:

The writ petition is filed under Article 226 of the Constitution of India seeking to call for the records connected to and in relation with the 2nd respondent’s show cause notice No.873/V&E/2020-6 dated 31.7.2020 in respect of the lease covering 3.093 hectares in Sy.No.103/P, Konidena Village, Ballikurava Mandal of Prakasam District.

4. W.P.No.13647 of 2020 filed for:

The writ petition is filed under Article 226 of the Constitution of India seeking to call for the records relating to the 2nd respondent’s proceedings dt.31.7.2020 in notice No.873/V&E/2020-9 in respect of the lease covering 6.400 hectares in Sy.No.103/P, Konidena Village, Ballikurava Mandal of Prakasam District.

5. W.P.No.13648 of 2020 filed for:

The writ petition is filed under Article 226 of the Constitution of India seeking to call for the records relating to the 2nd respondent’s proceedings dt.31.7.2020 in notice No.873/V&E/2020-8 in respect of the lease covering 3.791 hectares in Sy.No.103/2A, 104/1 to 5 and 104/6B of Gurijepalli Village, Santhamaaguluru Mandal, Prakasam District.

6. W.P.No.13655 of 2020 filed for: The writ petition is filed under Article 226 of the Constitution of India seeking to call for the records connected to and in relation with the 2nd respondent’s show cause notice No.873/V&E/2020-13 dated 31.7.2020 in respect of the lease covering 7.251 hectares in Sy.No.58/P, Budavada (V), Cheemakurthi (M), Prakasam District.

7. W.P.No.13675 of 2020 filed for:

The writ petition is filed under Article 226 of the Constitution of India seeking to call for the records of the 2nd respondent’s proceedings dt.31.7.2020 in notice No.873/V&E/2020-2 in respect of the lease covering 4.500 hectares in Sy.No.872/1P&2 and 873/1 of Konidena (V), Ballikuruva (M), Prakasam District.

8. W.P.No.17468 of 2020 filed for:

The writ petition is filed under Article 226 of the Constitution of India seeking to declare the action of the respondents 2 and 3 in preventing the petitioner from obtaining dispatch permits in respect of mineral excavated by it from the quarry covered by an extent of over 4.100 hectares in Sy.No.107/1, 108/P, 95/P, 112/2P, 113/2P and 113/3P of Gurijepalli (V), Santhamaguluru (M), Prakasam District.

9. W.P.No.17519 of 2020 filed for:

The writ petition is filed under Article 226 of the Constitution of India seeking to declare the action of the respondents 2 and 3 in preventing the petitioner from obtaining dispatch permits in respect of mineral excavated by it from the quarry covered by an extent of over 3.093 hectares in Sy.No.103/P of Konidena (V), Ballikuruva (M), Prakasam District.

10. W.P.No.13646 of 2020 filed for:

The writ petition is filed under Article 226 of the Constitution of India seeking to call for the records connected to and in relation with the 2nd respondent’s show cause notice No.873/V&E/2020-1 dated 31.7.2020 in respect of the lease covering 4.000 hectares in Sy.No.103 of Konidena(V), Ballikuruva (M), Prakasam District.

11. W.P.No.17511 of 2020 filed for:

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2021 Supreme(AP) 121

Cases Referred (14)