IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.3504 of 2009 Between: M/s.N.C.H.K.Minerals, rep.by its Manager, B.Nagendra Kumar, S/o.B.Prabhakar Rao, # 7-3-1,Sitarampet,Tandur, Ranga Reddy 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, 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 may be pleased 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.1928/M2/98 dated 1.10.2008 as arbitrary, illegal, unjust unconstitutional and 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. Counsel for the Petitioner: SMT.N.SHOBA Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following: THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.3504 of 2009 ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents, and with their consent, the writ petition is disposed of at the stage of admission. While Smt N.Shoba, learned counsel for the petitioner, would contend that the impugned proceedings of the third respondent is demand notice 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 appearing for the respondents would state that the impugned proceedings is only notice and on receipt of petitioner’s 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 this writ petition calls upon the petitioner to pay the amounts due within 15 days. I am unable to accept the submission of the learned Government Pleader appearing for the respondents that the proceedings impugned is merely a notice, to which the petitioner is required to submit its explanation, since the said proceedings required the petitioner 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 petitioner, if he so desires, the writ petition is allowed. There shall be no order as to costs. __________________ JUSTICE C.V. RAMULU 24th February, 2009. IBL