IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT: THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.23784 of 2009 Between: M/s.Vinayak Steels Limited, rep. by its C.M.D. Sri Vinod Kedia ..... PETITIONER AND The Government of Andhra Pradesh, rep. by Secretary, Industries and Commerce Department, Secretariat, Hyderabad and others ..... RESPONDENTS ORDER: The matter is coming up for admission. The learned Assistant Government Pleader for Mines and Geology takes notice on behalf of respondents. Smt.N. Shobha, learned counsel representing the writ petitioner would maintain that in similar circumstances writ petition No.17984 of 2008 and some other writ petitions had been allowed by this court and in the light of the same this writ petition also be disposed of following the same. 2. Heard the counsel. 3. The Writ Petition is filed seeking to issue a writ of Certiorari calling for records in Demand Notice No.1342/MDR/MBNR/2006, dated 01-10-2009 of the 3rd respondent (Assistant Director of Mines and Geology) and quash the same as arbitrary, illegal, without jurisdiction and the provisions of Mineral Concession Rules, 1960 R/W. Mines & Mineral (Development & Regulation) Act, 1957 and pass such other suitable orders. 4. Several facts had been narrated in detail in the affidavit filed in support of the writ petition in para Nos.2 to 11. Several of the facts in detail, which had been narrated in the affidavit filed need not detained this court any longer for the reason that this court had disposed of similar writ petitions. In writ petition No.20633 of 2009 this court made the following order: “In similar circumstances, in K. Rabi Venkatesan, M/s.Venkatesh Enterprises v. The Government of Andhra Pradesh, represented by its Secretary, Industries and Commerce Department, Secretariat, Hyderabad and others in W.P.No.17984 of 2008, this Court on 19-08-2008, after recording the contentions, made the following order: “…. As regards the first contention, the learned Government Pleader fairly conceded that respondent No.3 failed to give any reasons for rejecting the explanation of petitioner. However, as regards the second contention, he relied on G.O.Ms.No.161, Industries and Commerce (Mines IV) Department, dated 24-03-1980 issued by the Government of Andhra Pradesh, under which, the Deputy Director of Mines and Geology is delegated with the powers exercisable under Sub-Sections (3) and (5) of Section 21 of the Mines and Minerals (Regulation and Development) Act, 1957. Even according to the learned Government Pleader, it is only the Deputy Director of Mines and Geology, who has jurisdiction to initiate proceedings, and not respondent No.3. Hence, the impugned order of respondent No.3 is quashed. Liberty is given to the Deputy Director or Mines and Geology, Guntur to initiate fresh proceedings against the petitioner, if he so desires….” Accordingly, subject to the above direction, the writ petition was allowed. In the light of the facts and circumstances, the present writ petition is also hereby allowed giving liberty to the Deputy Director of Mines and Geology, Mahaboobnagar District, to initiate fresh proceedings against the petitioner, if he is so advised. Subject to the above direction, the writ petition is allowed. There shall be no order as to costs.” 5. In the light of the same, this writ petition also is hereby allowed giving liberty to the Deputy Director of Mines and Geology, Mahaboobnagar District to initiate fresh proceedings against petitioner if he is so advised. 6. Subject to the above direction the writ petition is allowed. No order as to costs. ___________________ P.S. NARAYANA, J November 4, 2009. PN THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.23784 of 2009 November 4, 2009