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2026 Supreme(Online)(AP) 12755

HIGH COURT OF ANDHRA PRADESH
Maheswara Rao Kuncheam, J
P. Gunasekhar Naidu – Appellant
Versus
State of Andhra Pradesh – Respondent
WRIT PETITION NO: 7857 OF 2026



Advocates:
For the Appellants/Petitioners: G N Uma Rani
For the Respondents: GP for Industries Commerce

An administrative order resulting in civil consequences is unsustainable if passed without observing the principles of natural justice, specifically by denying the affected party access to documents relied upon by the authority to enable them to offer an effective defense.

Headnote:(A) Mines and Minerals (Development and Regulation) Act, 1957 - AP Minor Mineral Rules, 1966 - Writ petition filed against a demand notice issued by mining authorities without providing requested documents to facilitate a reply - Violation of principles of natural justice highlighted.

Facts of the case:
The petitioner, a leaseholder for mining operations, was issued a show cause notice regarding alleged violations based on an inspection report. The petitioner requested copies of the relevant reports and documents to provide an effective explanation. The authority failed to provide the documents and proceeded to issue a demand notice, leading the petitioner to challenge the notice in the High Court.

Findings of Court:
The court found that the authority processed the demand notice despite being aware of the petitioner’s request for relevant documents, thereby violating the principles of audi alteram partem. It held that procedural fairness implies the right to be furnished with documents relied upon by the state before an adverse decision is taken.

Issues: Whether the demand notice is sustainable when the authority denied the petitioner access to documents crucial for framing a response.

Ratio Decidendi: An administrative authority making decisions that result in civil consequences must adhere to natural justice; failing to provide material relied upon for a notice effectively denies an individual the right to a fair defense, rendering the resultant order procedurally unfair.

Result: The writ petition is allowed; the demand notice is set aside with a direction to the authority to provide the requested documents and reconsider the matter.

Table of Content
1. summary of facts involving mining lease issuance and the subsequent demand notice triggered by violation allegations. (Para 3 , 4 , 5 , 6 , 7)
2. court scrutinizes whether denial of inspection documents constitutes a denial of natural justice. (Para 8 , 9 , 10 , 11 , 12 , 13)
3. application of established precedent regarding the fundamental duty to provide documents relied upon for adverse administrative actions. (Para 14 , 15 , 16 , 17 , 18)
4. final order dictating procedural compliance and setting aside the defective notice. (Para 19)

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 or direction, more particularly one in the nature of Writ of Mandamus declaring the Demand Notice No. vide.NO.1751/Q1/2011 dated 25.02.2026 (received on 09.03.2026) by the District Mines and Geology Officer, Chittoor, and without considering the request made by the petitioner for providing necessary documents for giving proper reply as arbitrary, predetermined, bad in law, illegal, unjust, against principles of natural Justice and unconstitutional and contrary to the AP Minor Mineral Rules 1966 and The Mines And Minerals (development and Regulations) Act 1957 and to set aside the same and pass

IA NO: 1 OF 2026

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 suspend the Demand Notice NO.1751/Q1/2011 dated 25.02.2026 (Received on 09.03.2026) by the District Mines and Geology Officer, Chittoor, pending disposal of the writ petition, and to pass

IA NO: 2 OF 2026

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 3rd respondent to issue dispatch permits, pending disposal of the writ petition and to pass

The Court made the following order:

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

WRIT PETITION NO: 7857 OF 2026

ORDER:

This Writ Petition under Article 226 of the Constitution of India is filed seeking the following relief:

“to issue a writ or direction, more particularly one in the nature of Writ of Mandamus declaring the Demand Notice No. vide.NO.1751/Q1/2011 dated 25.02.2026 (received on 09.03.2026) by the District Mines and Geology Officer, Chittoor, and without considering the request made by the petitioner for providing necessary documents for giving proper reply as arbitrary, predetermined, bad in law, illegal, unjust, against principles of natural Justice and unconstitutional and contrary to the AP Minor Mineral Rules 1966 and The Mines And Minerals (development and Regulations) Act 1957 and to set aside the same and pass”

2. Heard Ms.G.N.Umarani, learned counsel for the petitioner as well as learned Assistant Government Pleader for Mines and Geology, appearing for the respondents.

3. The learned counsel for the petitioner Ms.G.N.Umarani, submits that the 2nd respondent mining authority granted quarry lease for Colour Granite Black over an extent of 0.732 hectors in Sy.No.325/P & 247/P of Katikapalli Village, S.R.Puram Mandal, Chittoor District, in favour of the petitioner for a period of 20 years, vide proceedings No.2069/R4-1/2012 dated 05.05.2015.

4. According to the learned counsel, in furtherance of 2nd respondent’s proceedings, the concerned Assistant Director of Mines and Geology also executed quarry lease deed, dated 03.07.2015 and also issued work order vide proceedings No.1751/Q1/2011 dated 03.07.2015 for the period commencing from 03.07.2015 to 02.07.2035. In terms of the same, the petitioner is conducting mining operations as per law.

5. The learned counsel further states that thereafter, the 3rd respondent issued a show cause notice vide No.1751/Q/2011 dated 08.01.2026(according to the petitioner, the said show cause notice was received by him on 30.01.2026). The lear

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