THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.2922 of 2005 Date: 29.12.2010 Between: Kanaka Ganesh, S/o.D.K.Sunder ….. petitioner and Government of Andhra Pradesh Rep by its Secretary, Industries & Commerce Department, Secretariat, Hyderabad and two others ….. Respondents The Court made the following ORDER: This writ petition is filed seeking Certiorari to call for the records relating to proceedings No.10858/Vg/2003 dated 13.12.2004 on the file of the second respondent-Deputy Director, Mines & Geology, and quash the same, as arbitrary, illegal, without jurisdiction, in violation of principles of natural justice and contrary to the Mines and Minerals (Regulation and Development) Act, 1957 and Mineral Concession Rules, 1960. It appears the petitioner was the Proprietor of M/s.Neela Soaps Works and Chemical Industries, situated at D.No.131/1, Sultanabad, Tenali, Guntur District. While that being so, the impugned notice dated 13.12.2004 has been served on the petitioner asking him to pay an amount of Rs.90,000/- towards evasion of royalty while purchasing steatite, white shale, white clay, calcite and limestone powder. According to the petitioner, he is nothing to do with M/s.Neela Soap Works, Angalakuduru, who are said to be manufacturers of detergent cakes, washing powder and cleaning powder, whereas it is the case of the respondents that on 06.04.2002, when they have conducted raid on the business premises of M/s.Neela Soap Works, Angalakuduru, it was observed that the said factory was using powders of major minerals like steatite, white shale, white clay, calcite and limestone powder purchased from Tamilnadu and Andhra Pradesh and the said purchases were made within the State from 1992 to 1999. Thus, the factory has purchased about 127 MTs and 40 MTs of white shale powder for which no evidence of royalty paid was shown by the factory. Therefore, M/s.Neela Soap Works, Angalakuduru is liable to pay an amount of Rs.90,000/- as per rules. It is the case of the petitioner that he is not the owner of M/s.Neela Soap Works, Angalakuduru, and therefore, the question of either payment of amount of Rs.90,000/-or any other penalty or royalty does not arise. According to the petitioner, he is the owner of M/s.Neela Soaps and Chemical Industries, Sultanabad and there are no dues or non payment against the said industry. Further, the said industry was already closed on 25.02.2002. Therefore, the demand raised by the respondents under the impugned demand notice dated 13.12.2004 is misconceived. It appears, the respondents have misconstrued the name of the industry, which is akin to the name of the industry under the demand notice and they have also misconstrued that the Proprietor is also one and the same. Therefore, the impugned notice has been issued to the petitioner. Since the petitioner disclaimed that M/s.Neela Soap Works, Angalakuduru belongs to him, it is always open for the respondents to identify the real owner of the said factory and take appropriate action as per law. The writ petition is accordingly disposed of. However, the petitioner shall not be harassed for payment of amount under the impugned demand notice. No costs. ________________ C.V.RAMULU, J Date: 29.12.2010 va