THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.39347 OF 2015

ORDER

1. On 14.10.2024, since there was no representation on behalf of the petitioner, the matter was adjourned for filing counter affidavit by the learned Assistant Government Pleader for Mines & Geology. Registry has issued notice to the petitioner to take steps to engage counsel, as it was reported that, the petitioner’s counsel has passed away. On 18.11.2024, an endorsement was made that the notice sent to the Registry was returned unserved with an endorsement ‘No such addressee in the door number mentioned in the causetitle’. Hence, this Court has no other option, except to decide the matter on merits.

2. This writ petition is filed to issue writ of mandamus to set-aside the Memo No.4579/M.I(2)/2013-3 dated 01.06.2015 issued by the 1^st respondent as well as the demand notice issued by the 3^rd respondent vide No.564/V7E/Vg/Gooty/2011-12 dated 30.01.2012 as illegal, arbitrary and consequently direct the respondents to issue dispatch permits to the petitioner for the quarry lease for Dimensional Stones over an extent of 1.00 hector and 0.284 hectors in Sy.No.285 of Bodiganidoddi Village, B.K. Samudram Mandal, Anantapur District.

3. The Assistant Director of Mines and Geology issued a Demand Notice dated 30.01.2012 to the petitioner for payment of Rs.94,424/- towards Normal Seigniorage Fee and Rs.4,72,120/- towards five times penalty, totalling to Rs.5,66,544/- by invoking Rule 26(3) of Andhra Pradesh Minor Mineral Concession Rules, 1966, for the difference of 1073 of Cbms of Cubes and Kerbs, between the quantity of material extracted and the permitted quantity. The same was challenged before the Revisional Authority, wherein, the Revisional Authority, disposed of the revision, directing the petitioner to pay two times penalty together with Normal Seigniorage Fee, within a period of 30 days and the same was communicated vide Memo dated 01.06.2015. Challenging the Notice dated 30.01.2012 and Memo dated 01.06.2015, the present writ petition is filed.

4. Learned Government Pleader for Mines and Geology, upon written instructions furnished by the District Mines and Geology Officer, Anantapuram, vide letter dated 08.02.2026, submitted that the petitioner is liable to pay penalty only for the evaded quantity of 252.25 MTs, and not 1073 MTs of dimensional stone, in accordance with the rules in force at the time of issuance of the earlier Demand Notice, thereby he is liable to pay Rs.1,33,188/- (Rs.22,198/- towards Normal Seig Fee + Rs.1,10,990/- towards five times of penalty). It is also submitted that, the petitioner has already paid Rs.50,000/- towards Normal Seigniorage Fee vide challan No.20063190 dated

01.03.2013.

5. None appears for the petitioner. Heard learned Government Pleader for Mines & Geology and perused the material available on record.

6. Undisputedly, the Assistant Director of Mines & Geology issued a Demand Notice dated 30.01.201 directing the petitioner to pay Rs.5,66,544/- (Rs.94,424/- towards Normal Seigniorage Fee + Rs.4,72,120/- towards five times penalty). Aggrieved thereby, the petitioner preferred a Revision application before the 1^st respondent. The Revisional Authority disposed of the revision, directing the petitioner to pay two times penalty along with normal seigniorage, if normal seigniorage fee is not paid earlier. Challenging the said demand notice and consequential memo, the petitioner filed the writ petition.

7. Subsquently, upon noticing certain discrepancies in the measurements of the earlier excavacted pits, the evaded quantity was recalculated as 252.25 Mts instead of 1073 Mts. Accordingly, the petitioner’s liability was reassessed at Rs.1,33,188/- (Rs.22,198/- towards Normal Seig Fee + Rs.1,10,990/- towards five times of penalty).

8. It is pertinent to note that if the Normal Sig Fee is Rs.22,198/-, the penalty imposed is five times i.e. Rs.1,10,990/-. Therefore, Imposing five times penalty is contrary to law and on hig