IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE 15th DAY OF FEBRUARY, 2010 PRESENT: HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No.3079 of 2010 BETWEEN: M/s. Anand Metallics & Power (P) Ltd., rep by its Director, “Sri Pankaj Kumar Agarwal … PETITIONER(S) AND The Government of Andhra Pradesh, rep. by Secretary, Industries and Commerce Department, Secretariat, Hyderabad and others …RESPONDENT(S) HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No.3079 of 2010 ORDER: Heard the learned counsel for petitioner, the learned Government Pleader for Industries & Commerce and the learned Government Pleader for Mines and Geology. In this writ petition, the petitioner has questioned the proceedings of the 3rd respondent in Demand Notice No.4360/MDR/2006 dated 10.09.2009. By the impugned proceedings, the petitioner was imposed a penalty of Rs.85,99,982/- on the ground of evasion of royalty for Iron Ore and Limestone/Dolomite purchased. The said demand notice is questioned on several grounds and one of those grounds is that the 3rd respondent, who is the Assistant Director of Mines and Geology, Mahaboobnagar, is not the competent authority to initiate proceedings of this nature. To substantiate the said contention, the learned counsel for petitioner, has placed reliance upon a judgment of this Court in Writ Petition No.17984 of 2008 dated 19.08.2008 wherein, in a similar case of this nature, the Deputy Director of Mines and Geology was held to have jurisdiction to initiate proceedings, but not the Assistant Director of Mines and Geology. The learned Government Pleader appearing for the respondents also states that identical matters were disposed of by giving liberty to the Deputy Director of Mines and Geology concerned to initiate fresh proceedings against the petitioners therein, if he so desires. Following the judgment of this Court in W.P.No.17984 of 2008 dated 19.08.2008, the Demand Notice No.4360/MDR/2006 dated 10.09.2009 passed by the 3rd respondent is hereby set aside. However, liberty is given to the Deputy Director of Mines and Geology concerned to initiate fresh proceedings and to pass appropriate orders in accordance with law. Subject to the above observations, the writ petition is allowed to the extent indicated above. There shall be no order as to costs. ________________________ R.SUBHASH REDDY, J 15th February 2010 CVRK