IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.20633 of 2009 Between: M/s. Binjusaria Sponge & Power Pvt. Ltd. ..... PETITIONER AND The Government of Andhra Pradesh Industries and Commerce Department and others ....RESPONDENTS Counsel for the Petitioner : Counsel for the Respondents : The Court made the following: THE HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.20633 OF 2009 ORDER: The matter is coming up for admission. Learned Assistant Government Pleader for Mines and Geology takes notice on behalf of respondents. 2. The learned counsel representing the writ petitioner would maintain that in similar circumstances, W.P.No.17984 of 2008 was allowed by this Court and in the light of the same, similar Order may be passed in the present writ petition as well. 3. This writ petition is filed seeking writ of Certiorari calling for records in Demand Notice No.1716/MDR/2006, dated 31-08-2009 of respondent No.3 (Assistant Director of Mines and Geology) and quash the same as arbitrary and illegal. 4. Several facts have been narrated in the affidavit filed in support of the writ petition. It is stated that the petitioner submitted letter on 15- 06-2009 requesting to provide details to know for what period the quantity is reflected in show cause notice and the copy of record on which the Department had relied upon while issuing show cause notice. It is also stated that the petitioner submitted clarification to Assistant Director of Mines and Geology on 30-07-2009 along with Royalty paid receipts and statement. 5. In similar circumstances, in K. Rabi Venkatesan, M/s. Venkatesh Enterprises V. The Government of Andhra Pradesh, represented by its Secretary, Industries and Commerce Department, Secretariat, Hyderabad and others in W.P.No.17984 of 2008, this Court on 19-08-2008, after recording the contentions, made the following order: “…..As regards the first contention, the learned Government Pleader fairly conceded that respondent No.3 failed to give any reasons for rejecting the explanation of the petitioner. However, as regards the second contention, he relied on G.O.Ms.No.161, Industries and Commerce (Mines IV) Department, dated 24-03-1980 issued by the Government of Andhra Pradesh, under which, the Deputy Director of Mines and Geology is delegated with the powers exercisable under Sub-Sections (3) and (5) of Section 21 of the Mines and Minerals (Regulation and Development) Act, 1957. Even according to the learned Government Pleader, it is only the Deputy Director of Mines and Geology, who has jurisdiction to initiate proceedings, and not respondent No.3. Hence, the impugned order of respondent No.3 is quashed. Liberty is given to the Deputy Director of Mines and Geology, Guntur to initiate fresh proceedings against the petitioner, if he so desires….” 6. Accordingly, subject to the above direction, the writ petition was allowed. 7. In the light of the facts and circumstances, the present writ petition is also hereby allowed giving liberty to the Deputy Director of Mines and Geology, Mahaboobnagar District, to initiate fresh proceedings against the petitioner, if he is so advised. Subject to the above direction, the Writ Petition is allowed. There shall be no order as to costs. __________________ P.S.NARAYANA, J October 9, 2009 MD