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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. MANMADHA RAO
Siva Sai Constructions – Appellant
Versus
State Of Andhra Pradesh – Respondent
Order :
K. MANMADHA RAO, J.
The Writ Petition No.20857 of 2024 is filed under Article 226 of the Constitution of India, seeking the following relief:
“…..to pass an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the Demand Notice No.1681/QL/RM/2019, dated 13.09.2024 issued by the respondent No.5 herein levying Rs.12,89,99,926/- (Rupees Twelve Crores Eighty Nine Lakhs Ninety Nine Thousand Nine Hundred and Twenty Six) towards Seignorage Fee, Penalty, DMF, MERIT Consideration Amount and IT under Rules 26(1) and 34(1) of Andhra Pradesh Minor Mineral Rules, 1966 and the consequential Seizure Notice in Form-I in Notice No.1681/QL/RM/2019, dated 16.09.2024 seizing the Stone Crushing Unit of the petitioner, without considering the explanation submitted by the petitioner as arbitrary, illegal, abuse of process of law, as one without jurisdiction, contrary to the principles of natural justice and Rules 26(1) and 34(1) of Andhra Pradesh Minor Mineral Rules, 1966 apart from being violative of the Fundamental and Constitutional Rights guaranteed to the petitioner under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently set aside the Dema
The issuance of a demand notice without providing an opportunity for a hearing violates the principles of natural justice, necessitating its annulment and remand for proper inquiry.
The court reaffirmed the authority of state governments to impose penalties under minor mineral concession rules, emphasizing that such penalties are lawful per Sections 14, 15, and 21 of the MMDR Ac....
The court validated the authority of the state to impose penalties for unauthorized quarrying, establishing compliance with statutory rules as per the MMDR Act.
Failure to supply essential documents for a demand notice constitutes a violation of natural justice, necessitating reconsideration of the petitioner’s explanations.
Demand notices must adhere to principles of natural justice and proper procedural requirements; violations necessitate annulment and remand for reconsideration.
The court emphasized the importance of proper consideration, adherence to principles of natural justice, and compliance with Section 77 of the Mines Act, 1952 in matters related to quarry leases and ....
The issuance of a demand notice for seigniorage fee without proper consideration of the petitioners' explanations constitutes a violation of natural justice, necessitating remand for further evaluati....
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