IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.19678 of 2011 BETWEEN Y. Sambasiva Rao. ... PETITIONER AND The Government of Andhra Pradesh, rep. By the Principal Secretary, Industries & Commerce Department, Hyderabad and three others. ...RESPONDENTS Counsel for the Petitioner: MR. C.V.R. RUDRA PRASAD Counsel for the Respondents: GP FOR MINES & GEOLOGY The Court made the following order: ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader for Mines and Geology for respondents. 2. Inter alia, the writ petition raises question as to whether revisional authority was justified in passing the impugned order, though the revision, in fact, was heard by the predecessor revisional authority. The impugned order dated 29.06.2011 itself states various facts and circumstances leading up to the said revision and as such, details in that respect are not repeated herein for the sake of brevity. 3. The petitioner’s primary grievance is specifically mentioned in para 9 of the affidavit where it is stated that the revision filed by the petitioner was being taken up by the concerned Minister along with the Principal Secretary and on the last date of hearing the petitioner along with his counsel was present before the Hon’ble Minister and since there were more than 100 cases listed for hearing, petitioner’s states that he was informed that for paucity the matter will not be taken up and the next date of hearing will be intimated to him. Thereafter, after expressing urgency through his counsel, the petitioner was awaiting for fresh intimation of date of hearing, but, however, neither any notice was received by the petitioner nor any information was received. Thereafter, it is alleged there was a change of the concerned Minister. Thereafter, the matter was not taken up, as old matters were taken up and on petitioner’s enquiry, he was informed that the next date will be intimated to him. Petitioner, however, straightaway received the impugned proceedings dated 29.06.2011 passed by the first respondent rejecting petitioner’s revision. The same is questioned in this writ petition on the ground that there was hardly any opportunity of hearing to the petitioner and the said order of rejection is vitiated, inter alia, on the said ground as well. 4. Learned counsel for the petitioner has relied upon paras 16 and 17 of the counter affidavit wherein respondents have stated that the petitioner has not made any application for personal hearing under Rule 35-A of the A.P. Minor Mineral Concession Rules, 1966 and as such, in other words, not giving opportunity of personal hearing to the petitioner stands admitted, but is sought to be justified that the impugned order is not vitiated on that ground. 5. This writ petition was adjourned on several occasions only to enable the learned Government Pleader to get instructions with respect to para 9 of the averments in the affidavit to know as to whether any notice was issued to the petitioner. Learned Government Pleader, however, is unable to get further instructions in the matter and the counter affidavit of the Assistant Director of Mines & Geology, referred to above, cannot be taken into consideration for the purpose of ascertaining whether the Government had issued notice to the petitioner before hearing the matter. In any case, the petitioner having engaged a counsel and having participated in the revision on the earlier dates, after change of the concerned Minister, the disposal of the revision petition without hearing the petitioner is clearly unjustified and violates the principles of natural justice. Therefore, the impugned order is set aside and the revision shall stand remitted to the first respondent for hearing and disposal on merits in accordance with law after notice and opportunity to the petitioner. The writ petition is accordingly allowed. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J December 12, 2011 DSK