ORDER:

The petitioner company had a mining lease, for quarrying black galaxy granite over 6.17 Hectares of land in Sy.No.367/2 P and 422/1 P of Devara Palem Village, Chimakurthy Mandal, erstwhile Prakasam District. This lease was for a period of 20 years and would expire on 15.12.2025. Originally, this lease was granted in the name of M/s.Siva Shankar Granites Private Limited with its office at Flat No.102, Siva Sai Sannidhi, Opp. Shirdi Saibaba Temple, Plot No.32, Hindi Nagar, Panjagutta, Hyderabad. Thereafter, the petitioner changed its name to M/s.Siva Shankar Mineral Limited on 13.03.2007. This change of name was intimated to the authorities of the Mines Department and the 3rd respondent by proceedings No.8673/Q/2001 dated 29.07.2008 had accepted the said change. The petitioner contends that it had changed its name again to M/s.Siva Shankar Minerals Private Limited with the address of D.No.8- 2-293/82/A, Flat No.739-A, Road No.37, Jubilee Hills, Hyderabad.

2. The Joint Director of Mines is said to have issued a show cause notice dated 08.02.2018 calling upon the petitioner to show cause why the lease should not be determined. Thereafter, the 2nd respondent, Director of Mines and Geology, by an order dated 08.06.2018 vide proceedings bearing No.1040944/R3-2/2018 had determined the lease of the petitioner on the ground that the petitioner had committed various breaches, which were set out in the order of determination. Aggrieved by the said order, the petitioner filed a revision before the 1st respondent. This revision was dismissed by the 1st respondent vide Memo bearing No.7498/M.I(I)/2018-4 dated 01.11.2018. Aggrieved by the said order, the petitioner has approached this Court, by way of the present writ petition.

3. Sri Challa Gunaranjan learned counsel, appearing for the petitioner, contends that the impugned revisional order has refused to answer the primary contention of the petitioner that the petitioner had not received the show cause notice said to have been issued by the Joint Director, Mines and that the order of the Director of Mines, determining the lease of the petitioner, was passed without giving an opportunity of hearing to the petitioner and consequently violates the principles of natural justice.

4. He relies upon paragraph 10(viii) of the order of revision which states that the address of the petitioner at Flat No.32, Hindi Nagar, Punjagutta, Hyderabad was available in the records of the department. However, the subsequent mailing address 8-2-276, First floor, Pavani Estate, Road No.2, Banjara Hills, Hyderabad does not appear to be available in the records of the department. He contends that the show cause notice produced by the official respondents shows that the notice was addressed to the petitioner at Plot No.81, Road No.9, Jubilee Hills, Hyderabad. He would contend that the notice could at best have been sent to the earlier address at Hindi Nagar, Punjagutta or to subsequent notice claimed by the petitioner. The show cause notice could not have been sent to Plot No.81, Jubilee Hills, Hyderabad.

5. The counter affidavit filed by the official respondents does not explain as to how the address of the petitioner was taken to be Plot No.81, Jubilee Hills.

6. The petitioner has also produced a letter dated

13.10.2011, addressed by the Zonal Joint Director of Mines and Geology to the petitioner at its address at Pavani Estates, First Floor, Road No.2, Banjara Hills, Hyderabad.

7. The above facts would show that the department was aware of the change of address from Hindi Nagar to Pavani Plaza, Road No.2, Banjara Hills. In the circumstances, any notice served at either of these addresses may have satisfied the requirement of service of show cause notice on the petitioner. The service of the show cause notice to the petitioner at Plot No.81, Road No.9, Jubilee Hills would not amount to service of the show cause notice on the petitioner.

8. In that view of the matter, the finding of both the Director of Mines as wel