A demand notice for penalty based on flawed survey methodologies (e.g., using shaped maps instead of scaled maps) is arbitrary and liable to be set aside when a subsequent re-survey contradicts the initial findings of encroachment.

Between:

H.Imam Sab, S/o.Kasim Sab, Aged about 51 years, Occ: Business,

R/o.D.No.5-174-B, U.Rangapuram Village, Madakasira Mandal,

Ananthapuramu District.

….Petitioner

A n d

State of Andhra Pradesh, Department of Mines and Geology, Secretariat,

Velagapudi, Guntur District and two others

….Respondents

DATE OF ORDER PRONOUNCED : 27.02.2026

Counsel for the petitioner : Sri J.Sudheer, rep. by

Ms.Shaik Neha Hassan

Counsel for the Respondents : G.P. for Mines and Geology

Gist:

> Head Note:

? Cases referred:

SUBMITTED FOR APPROVAL:

THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

1. Whether Reporters of Local Newspapers Yes/No may be allowed to see the order?

2. Whether the copy of order may be marked Yes/No to Law Reporters/Journals?

3. Whether Her Ladyship wish to see the fair copy Yes/No of the order?

______________________________

MAHESWARA RAO KUNCHEAM, J

APHC010082142021

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

FRIDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

WRIT PETITION NO: 5001 OF 2021

Between:

1. H. Imam Sab, S/o.Kasim Sab, Aged about 51 years, Occ: Business,

R/o.D.No.5-174-B, U.Rangapuram village, Madakasira Mandal,

Ananthapuramu District.

...Petitioner

AND

1. State of Andhra Pradesh, Department of Mines and Geology,

Secretariat, Velagapudi, Guntur District.

2. Director of Mines and Geology, Ibrahimpatnam, Vijayawada.

3. Assistant Director of Mines and Geology, Ananthapuramu.

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of Mandamus declaring the Demand Notice issued by Respondent No.3 on 24.12.2020 Vide No. 4557/Q2/C.G/2011 calling upon the petitioner to pay Rs.22,15,28,062/- as penalty as illegal, arbitrary, without Jurisdiction and violative of Article 14,19 and 300-A of Constitution of India r/w provisions of the A.P. Mines Mineral Concession Rules, 1966 and consequently set aside the same and pass

IA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings pursuant to the Demand Notice issued by Respondent No.3 on 24.12.2020 Vide No. 4557/Q2/L.G/2011 pending WP and pass

IA NO: 2 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dismiss the Writ Petition by vacating the interim orders dated 01-03-2021 in I.A.No.1 of 2021 in W.P.No.5001 of 2021 and to pass

IA NO: 1 OF 2022

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to give necessary work order and permit periodically pending disposal of the Writ Petition and pass

IA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the counter copies on record by allowing the Leave Petition in the above Writ Petition and pass

Counsel for the Petitioner: J SUDHEER

Counsel for the Respondents: GP FOR MINES AND GEOLOGY

The Court made the following order:

ORDER:

The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking the following main prayer:

“to issue a writ of Mandamus declaring the Demand Notice issued by Respondent No.3 on 24.12.2020 Vide No. 4557/Q2/C.G/2011 calling upon the petitioner to pay Rs.22,15,28,062/- as penalty as illegal, arbitr