IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION Nos. 26247, 26253, 26750, 26772, 26798, 26816 of 2008 Between: Smt. G. Suvarnalatha, W/o. G. Rajendranath Goud, R/o. H.No. 1-8-193/3, Chikadpally, Hyderabad - 500 080. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Secretary Department of Industries and Commerce, Secretariat Buildings, Secretariat, Hyderabad. 2 The Director of Mines & Geology, BRKR Building, 8th Floor, Tank Bund Road, Hyderabad. 3 The Assistant Director of Mines & Geology, Tandur, Ranga Reddy District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an order or writ one in the nature of Writ of Mandamus, declaring the action of the Assistant Director of Mines & Geology, in Notice No. 978/M/2003, dt. 01-10-2008 as arbitrary, illegal, unjust, unconstitutional, violative of principles of natural justice, without jurisdiction and contrary to Section 9 and Schedule II of Mines and Mineral (Regulation and Development) Act, 1947 and consequently call for the records in the proceedings and set aside the same and pass W.P.No.26253 of 2008 Between: G.Srinath Goud S/o.G.Rajendranath Goud R/o.H.No.1-8-193/3, Chikadpally Hyderabad-500026 ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep.by its Secretary Department of Industries and Commerce, Secretariat Buildings, secretariat, Hyderabad 2 The Director of Mines & Geology,BRKR Buildings 8th floor, Tank Bund Road, Hyderabad 3 The Assistant Director of Mines & Geology, Tandur Ranga Reddy District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an order or writ one in the nature of writ of mandamus declaring the action of the Assistant Director of Mines & Geology,in Notice No.3787/M/2004 dated 1.10.2008 as arbitrary, illegal, unjust unconstitutional vioaltive of principles of natural justice without jurisdiction and contrary to Section 9 and Schedule II of Mines and Mineral (Regulation and Development )Act, 1947 and consequently call for the records in the proceedings and set aside the same and pass W. P. No.26750 of 2008 Between: M/s. Venkateswara Mines & Minerals, rep. by its Prop: Sri M.Sadanandam, S/o. Rajaiah R/o. Rangapuram, Nallabelli, Warangal District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Secretary Department of Industries and Commerce, Secretariat Buildings, Secretariat, Hyderabad. 2 The Director of Mines & Geology, BRKR Building 8th Floor, Tank Bund Road, Hyderabad. 3 The Assistant Director of Mines & Geology, Warangal. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an order or writ one in the nature of writ of Mandamus declaring the action of the Assistant Director of Mines & Geology in Notice L.R.No.5603/M/04 dt. 23.10.2008 as arbitrary, illegal, unjust, unconstitutional, violative of principles of natural justice, without jurisdiction and contrary to Section 9 and Schedule II of Mines and Mineral (Regulation and Development) Act, 1957 and consequently call for the records in the proceedings and set aside the same and pass such other order or orders. W.P. No. 26772 of 2008 Between: V. Prabhakar Rao, S/o. Venkateswara Rao, R/o. # 7-1-469, Mankamma Thota, Karimnagar, Karimnagar District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Secretary Department of Industries and Commerce, Secretariat Buildings, Secretariat, Hyderabad. 2 The Director of Mines & Geology, BRKR Building 8th Floor, Tank Bund Road, Hyderabad. 3 The Assistant Director of Mines & Geology, Warangal. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an order or writ one in the nature of writ of Mandamus declaring the action of the Assistant Director of Mines & Geology in Notice L.R.No.5046/M/90 dt. 24.10.2008 as arbitrary, illegal, unjust, unconstitutional, violative of principles of natural justice, without jurisdiction and contrary to Section 9 and Schedule II of Mines and Mineral (Regulation and Development) Act, 1957 and consequently call for the records in the proceedings and set aside the same and pass such other order or orders. W. P. No.26798 of 2008 Between: V. Prabhakar Rao S/o. Venkateswara RAo R/o. # 7-1-469, Mankamma Thota, Karimnagar, Karimnagar District. ..... PETITIONER AND 1 The Government of Andhra Pradesh Rep. by its Secretary Department of Industries & Commerce Secretariat Buildings, Secretariat, Hyderabad. 2 The Director of Mines & Geology BRKR Building, 8th Floor, Tank Bund Road, Hyderabad. 3 The Assistant Director of Mines & Geology Warangal. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an order or writ one in the nature of writ of Mandamus, declaring the action of the Assistant Director of Mines & Geology, in Notice L.R.No. 3941/M/04, dt.nil-10-2008 as arbitrary, illegal, unjust, unconstitutional, violative of principles of natural justice, without jurisdiction and contrary to Section 9 and Schedule II of Mines and Mineral (Regulation and Development ) Act, 1957 and consequently call for the records in the proceedings and set aside the same. W. P. No. 26816 of 2008 Between: V. Prabhakar Rao S/o. Venkateswara Rao R/o. # 7-1-469, Mankamma Thota Karimnagar, Karimnagar District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Secretary Department of Industries and Commerce Secretariat Buildings, Secretariat, Hyderabad. 2 The Director of Mines & Geology, BRKR Building 8th Floor, Tank Bund Road, Hyderabad. 3 The Assistant Director of Mines & Geology Warangal. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an order or writ one in the nature of writ of Mandamus declaring the action of the Assistant Director of Mines & Geology, in Notice L.R.No. 2302/M/02 dt. 24-10-2008 as arbitrary illegal, unjust , unconstitutional violative of principles of natural justice without jurisdiction and contrary to Section 9 and Schedule II of Mines and Mineral (Regulation and Development) Act 1957 and consequently call for the records in the proceedings and set aside the same and pass Counsel for the Petitioner:SMT.N.SHOBA Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION Nos. 26247, 26253, 26750, 26772, 26798, 26816 of 2008 COMMON ORDER: Heard Smt N.Shoba, learned counsel for the petitioners, and the learned Government Pleader for Industries, and with their consent, the writ petitions are disposed of at the admission stage. While Smt N.Shoba, learned counsel for the petitioners, would contend that the impugned proceedings of the third respondent are demand notices and that the third respondent had no jurisdiction to pass such an order as it is the Deputy Director of Mines and Geology, who is the competent authority to do so, learned Government Pleader for Industries, would state that the impugned proceedings are only notices and on receipt of petitioners’ explanation thereto, the entire matter would be placed before the Deputy Director of Mines and Geology, who shall initiate appropriate proceedings for recovery of the said amounts in accordance with law. The proceedings impugned in these writ petitions calls upon the petitioners’ to pay the amounts due within 15 days. I am unable to accept the submission of the learned Government Pleader for Industries that these proceedings are merely notices, to which the petitioners are required to submit their explanations, since the said proceedings required the petitioners to pay the amounts due. Therefore, I am satisfied that the subject matter of this writ petition is covered by an order of this Court in W.P.No.17984 of 2008 dated 19.08.2008. Following the said judgment, the impugned proceedings of the third respondent are quashed. Leaving it open to the Deputy Director of Mines and Geology to initiate fresh proceedings against the petitioners, if he so desires, the writ petitions are dismissed. However, in the circumstances, without costs. RAMESH RANGANATHAN,J Dt:30-12-2008 usd