APHC010645762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3458]

(Special Original Jurisdiction)

TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 33343/2025 Between:

1. M /S. SRINIVASA MINERALS,, REP. BY ITS PROPRITOR K.

SUJATHA, AGED ABOUT 46 YEARS, OCC. BUSINESS, D.NO.4-161, NEAR CHANDANA GATE, RAYALACHERUVU, YADIKI (MANDAL), ANANTHAPURAMU DISTRICT, ANDHRA PRADESH.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, INDUSTRIES AND COMMERCE DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH.

2. T HE DIRECTOR OF MINES AND GEOLOGY, STATE OF A.P, IBRAHIMPATNAM, KRISHNA DISTRICT ANDHRA PRADESH.

3. T HE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, REGIONAL VIGILANCE SQUAD, KURNOOL, KURNOOL DISTRICT.

4. T HE DIVISIONAL MINES AND GEOLOGY OFFICER, TADIPATRI, ANANTAPURAMU DISTRICT.

...RESPONDENT(S):

Counsel for the Petitioner:

1. K NAVEEN KUMAR Counsel for the Respondent(S):

1. GP FOR INDUSTRIES COMMERCE

2. GP FOR MINES AND GEOLOGY The Court made the following:

ORDER:

The present writ petition is filed challenging the proceedings of the 4^th respondent in issuing the demand notice dated 12.09.2025, raising a demand for alleged irregularities in the dispatch of minerals without payment of seigniorage charges and in tampering with the transit passes.

2. Heard Sri K.Naveen Kumar, the learned counsel for the petitioner and the learned Assistant Government Pleader for Mines & Geology appearing for the respondents.

3. It is contended that the petitioner has established a pulverizing unit for crushing Dolomite, white shale, Limestone, etc. It has obtained a Mineral Dealer License, valid until 2038, and has been carrying out its activities in accordance with the license conditions. Based on the regional vigilance squad's report, the impugned demand has been raised for alleged violation in payment of seigniorage charges.

4. To the show cause notice, the petitioner has submitted its explanation without considering the same, the order impugned in the case has been passed. The petitioner challenges the jurisdiction of the 4^th respondent in issuing the impugned demand.

5. The learned counsel for the petitioner would argue that vide Go.Ms.No.131 dated 07-08-2025, the government has introduced a scheme for the resolution of the disputes about the pending revisions/ Appeals/Demand notices. Having regard to the same, the petitioner has a remedy to avail the said scheme; however, on account of the blockage of the portal of the petitioner's ID in the web portal of the department, the petitioner is unable to operate its account.

6. The learned Government Pleader, on instructions would submit that, in terms of the said G.O.Rt.No.131 Dated 07.08.2025, unless 25% of amount is paid, ID cannot be unblocked.

7. Having regard to the contentions advanced this court deems it appropriate to dispose of the writ petition granting liberty to the petitioner to file an application before the 4^th respondent seeking one time settlement in terms of G.O.Rt.No.131 Dated 07.08.2025, upon such filing of the application, the 4^th respondent shall consider the same and pass appropriate orders within a period of one (01) Week from the date of receipt of the application determining the amounts payable under the one time settlement scheme. Upon such determination, the petitioner shall pay 25% of the amount of the OTS as determined by the 4^th respondent. Upon such payment, the 4^th respondent shall immediately unblock the petitioner's MDL ID in the portal.

8. With the above observations and direction, this writ petition is disposed of.

There shall be no order as to costs.

Consequent thereto, miscellaneous petition pending, if any, shall stand closed.

______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 02-12-2025.

JAK THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 33343 / 2025 Date: 02.12.2025 JAK