HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.17729 OF 2009 Dt.25.8.2009 Between: I.S.Murthy … Petitioner and 1. The Govt.of Andhra Pradesh, rep.by its Secretary, Mines and Geology Dept., and four others … Respondents HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.17729 OF 2009 O R D E R: Heard the counsel. The matter is coming up for admission. Sri N.Ravi Prasad had taken this Court through the affidavits filed in support of the writ petition and made elaborate submissions. The learned Asst. Government Pleader for Mines and Geology also made certain submissions. The writ petition is filed for a writ of Mandamus declaring the action of the 5th respondent, in issuing the impugned demand notice No.4628 /SAND )R-44)/2008, dated 31.7.2009 demanding to pay Rs.51,50,797/- without any basis and authority and also the recommendation of 2nd respondent- Committee to recover money in any manner, including invoking the Revenue Recovery Act, 1864, as arbitrary, illegal and to pass such other suitable orders. It is stated that the petitioner issued a reply notice on 10.8.2009 to respondents 1, 3 and 5, to the impugned demand notice dated 31.7.2009, which was received by the petitioner on 7.8.2009. The 5th respondent, having received the reply of the petitioner, instead of dropping the proceedings against the petitioner had resorted to initiate proceedings under the provisions of the Revenue Recovery Act, 1864, for no fault of the petitioner. Several other facts had been narrated in detail in the affidavit filed in support of the writ petition. In the light of the facts and circumstances, this Court is of the considered opinion that the writ petition be disposed of directing the respondents to treat the demand notice dated 31.7.2009, as show cause notice, and let the writ petitioner file objections to the said show cause notice within a period of four weeks to the committee report along with representation and let the 1st respondent consider such objections and representations, which may be made by the petitioner and after giving opportunity to the petitioner, let the appropriate decision be taken in this regard by the first respondent and till such exercise is completed, the further steps, in pursuance of the Revenue Recovery Act, 1864 by 4th and 5th respondents not to be further proceeded with. The Writ Petition is accordingly disposed of. No order as to costs. _________________ P.S.NARAYANA,J 25th August, 2009. Note: Furnish CC in two days. B/o PNV HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.17729 OF 2009 Dt.25.8.200