THE HON’BLE SRI JUSTICE K. LAKSHMAN

ORDER:

Heard learned counsel for petitioner and learned Assistant Government Pleader for Mines and Geology.

2. This Writ Petition is filed to declare the demand notice dated 22.05.2008 issued by 1^st respondent as illegal.

3. In the impugned demand notice dated 22.05.2008, there is a reference to show cause notice bearing No.6011/VG/2007 dated 13.10.2007 issued by 1^st respondent. It is the specific case of petitioner that 1^st respondent did not serve the said show cause notice on it. Thus, there is violation of principles of natural justice while issuing the impugned demand notice dated 22.05.2008 by 1^st respondent.

4. Learned Assistant Government Pleader for Mines and Geology would contend that 1^st respondent has issued show cause notice dated 13.10.2007 basing on the report dated 18.09.2007 of Regional Vigilance & Enforcement Officer, Hyderabad, and a copy of the same was furnished to petitioner and petitioner has submitted explanation. However, he fairly admits that 1^st respondent has not served the show cause notice dated 13.10.2007, on the petitioner.

5. In the light of the said submissions, the impugned demand notice dated 22.05.2008 was issued by 1^st respondent without serving show cause notice dated 13.10.2007 and the report dated 18.09.2007 on petitioner calling for explanation from petitioner. Therefore, the same is in violation of principles of natural justice.

6. Vide order dated 19.06.2008, this Court directed respondents not to take any coercive steps against petitioner pursuant to the impugned demand notice dated 22.05.2008 for a period of one week. Further, vide order dated 28.09.2018, this Court directed petitioner to file additional affidavit. It has filed additional affidavit.

7. In the light of the aforesaid discussion, without going into the merits or demerits of the case, only on the aforesaid ground, the impugned demand notice dated 22.05.2008 is set aside. Liberty is granted to 1^st respondent to initiate fresh action and complete the same strictly in accordance with law, within a period of four (4) weeks from the date of receipt of copy of this order. Petitioner shall cooperate with 1^st respondent in concluding the enquiry. Petitioner and 1^st respondent shall not claim limitation with regard to initiation of fresh action and also issuance of fresh demand notice, if any.

8. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous applications, if any pending, shall stand closed.

_________________

K. LAKSHMAN, J

2^nd APRIL, 2025.

Note: issue c.c. in three (3) days.

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