IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL NO : 1800 of 2008 AND WRIT PETITION NO : 27547 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 18/12/2008 in WP NO : 27547 OF 2008 on the file of the High Court.) WRIT APPEAL NO : 1800 of 2008 Between: G.Pattabiramaiah & Co. Steamer Agents & Stevedores, D.No.16-23, C-4/1, Pallamraju Nagar, Street No.3, Kakinada, East Godavari District, Rep. by its Partner Sri. G.Venkata Kanaka Srirama Murthy, S/o. Sri Ramayya garu, 61 years, Ramnivas, Naoroji Road, Visakhapatnam. ..... APPELLANT AND 1 The Government of Andhra Pradesh, rep. by Director of Mines and Geology, Hyderabad. 2 The Deputy Director of Mines and Geology, Kakinada. .....RESPONDENT(S) Counsel for the Appellant:MR.T.S.VENKATARAMANA Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY WRIT PETITION NO : 27547 of 2008 Between: G.Pattabiramaiah & Co. Steamer Agents & Stevedores, D.No.16-23, C-4/1, Pallamraju Nagar, Street No.3, Kakinada, East Godavari District, Rep. by its Partner Sri. G.Venkata Kanaka Srirama Murthy, S/o. Sri Ramayya garu, 61 years, Ramnivas, Naoroji Road, Visakhapatnam. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by Director of Mines and Geology, Hyderabad. 2 The Deputy Director of Mines and Geology, Kakinada. .....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 appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring order passed by the 2nd respondent Demand Notice No. 3708/Sand/2007-2, dated 13.12.2007 and the consequential Proceedings No.6398/EG/AH/2008 dated 22.11.2008 passedby 1st respondent in dismissing the appeal filed under Rule 35 of the A.P.M.M.C. Rules 1966 as arbitrary, illegal, violative of principles of natural justice, non-consideration of relevant material available on record, violative of the Fundamental Rights guaranteed to the petitioner under Articles 14 and 19 of the Constitution of India and consequently set-a-side the same and pass such other order or orders. Counsel for the Petitioner:MR.T.S.VENKATARAMANA Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE G.CHANDRAIAH Writ Appeal No.1800 of 2008 and Writ Petition No.27547 of 2008 Oral Common Judgment: (per D.S.R.Varma, J.) Heard Sri T.S.Venkata Ramana, learned Counsel appearing for the appellant and the learned Government Pleader for Mines and Geology, appearing for respondents 1 and 2. 2. With the consent of the learned Counsel, both the writ appeal and the writ petition are being disposed of by this common judgment. 3. The writ appeal is directed against the order, dated 18-12-2008, in W.P.M.P.No.36091 of 2008 in W.P.No.27547 of 2008, passed by a learned single Judge of this Court in granting interim stay of the order passed by respondent No.2 Demand Notice No.3708/Sand/2007-2, dated 13-12-2007, and the consequential proceedings No.6398/EG/AH/2008, dated 22-11-2008, issued by respondent No.1, subject to the condition that the petitioner deposits 50 per cent of the amount demanded within a period of six weeks from the date of the order. 4. Whereas, the writ petition is filed seeking to issue a writ of Mandamus declaring the order passed by respondent No.2 Demand Notice No.3708/Sand/2007-2, dated 13-12-2007 and the consequential proceedings No.6398/EG/AH/2008, dated 22-11-2008, passed by respondent No.1 in dismissing the appeal filed under Rule 35 of the A.P. Minor Mineral Concession Rules, 1966 (‘APMMC Rules’, for short) as arbitrary and illegal; and consequently, to set aside the same. 5. The appellant in the writ appeal is the petitioner and the respondents are respondents in the writ petition. 6. For convenience, parties are referred to as per their array in the writ petition. 7. The impugned order in the writ petition is – Proceedings No.6398/EG/AH/2008, dated 22-11-2008, issued by respondent No.1, whereby exercising the powers delegated under Rule 35 of the APMMC Rules, the appeal filed by the petitioner-Company was dismissed, and respondent No.2 and the Assistant Director of Mines and Geology, Rajahmundry were directed to take further action. 8. It is the contention of learned Counsel appearing for the petitioner that the notice was served on the Company, but just one day before. There was hardly any time to attend before the competent authority i.e., respondent No.1, who passed the impugned order in the writ petition. 9. However, the learned Government Pleader submits that even as could be seen from the impugned order, twice i.e., on 19-4-2008 and 17-5-2008 notices were served on the petitioner, but he did not choose to appear the personal hearing on both the occasions. Therefore, the ex parte orders were passed by respondent No.1, which are impugned in the writ petition. 10. This is a question of fact, which has to be verified. But, we are of the considered view that instead of verifying the veracity or otherwise of the statements made by learned Counsel appearing for the petitioner as well as the averments made on behalf of the respondents, we feel it expedient to dispose of the matters, remitting the matter back to the competent authority i.e., respondent No.1 to pass appropriate orders, on merits, after giving one more opportunity as last chance to the petitioner. 11. We are further of the view that it is always expedient to decide such matters on merits. There may be occasional failures on the part of the parties like the petitioner. But, still, the competent authority has to afford some reasonable time to the petitioner to present his case, either in person or through his authorized representative. 12. Further, we are of the view that because of the orders passed ex parte, the petitioner had lost the chance of availing other remedies like filing a revision, as stated by the learned Government Pleader. Regardless of all these legalities, we are of the view that it is desirable that the matter be disposed of by respondent No.1, on merits, instead of passing an ex parte order. 13. Therefore, having regard to the facts and circumstances, we direct respondent No.1 to issue fresh notice to the petitioner at the earliest and upon such notice, the petitioner shall appear in person or through his authorized representative before respondent No.1 and upon such appearance and hearing, final orders be passed by respondent No.1, on merits. 14. We are of the further view that the interim order, dated 18- 12-2008, in W.P.M.P.No.36091 of 2008 in W.P.No.27547 of 2008, passed by the learned single Judge may not be relevant in view of the above order and accordingly, the impugned order in the writ appeal passed by the learned single Judge is set aside. 15. Consequently, the writ appeal is liable to be allowed and the matter is remanded to respondent No.1 for fresh disposal, as directed above. 16. We make it clear that in the fresh notice that may be issued to the petitioner by respondent No.1, the date may be fixed for objection after informing the petitioner through a letter, by Registered Post with Acknowledgment Due, in order to ensure service on the petitioner and to avoid any future complication. In the event of failure of the petitioner to appear before respondent No.1 on the date fixed for hearing, respondent No.1 is always at liberty to proceed in accordance with law. 17. In view of the above said directions, nothing remains for adjudication in the writ petition and accordingly, the writ petition is liable to be closed. 18. In the result, the writ appeal is allowed, at the stage of admission, with the above observations and directions; and the writ petition is closed. ____________________ JUSTICE D.S.R.VARMA ____________________ JUSTICE G.CHANDRAIAH 29th December, 2008. Ak ........REGISTRAR To 1. 2.2 CD copies Form-NIC-OGS/WA {KURR} ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}