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
| 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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