HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.17710 OF 2009 Dt.25.8.2009 Between: Alluri Subba Raju & Company Rep.by its Managing Partner Sri A.Ashok … Petitioner and 1. The Govt.of Andhra Pradesh, rep.by its Secretary, Industries and Commerce Dept., and four others … Respondents HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.17710 OF 2009 O R D E R: Heard Smt.N.Shoba, the learned counsel representing petitioner and the learned Asst. Government Pleader for Mines and Geology. The matter is coming up for admission. The writ petition is filed for a writ of Mandamus declaring the action of the 1st respondent, in Memo No.16270/SPIU & SAND/2008-1, dated 30.5.2009 and the consequential orders of 4th respondent Assistant Director of Mines and Geology in Notice No.4609/Sand/(R30)/2008, dt.31.7.2009 and the notice No.5679/Sand/08, dated 14.8.2009 published in news paper on 15.8.2009 to recover the properties of petitioner under Revenue Recovery Act 1864, as arbitrary, illegal, unconstitutional, contrary to Mines & Minerals (Development & Regulation) Act, 1957 and A.P.Minor Mineral Concession Rules, 1966 and in violation of Article 14 of Constitution of India apart from utter violation of principles of natural justice and to pass such other suitable orders. It is stated that on 31.7.2009, the 4th respondent issued demand notice demanding to pay 75% of the balance knocked down amount. It is also stated that on 14.8.2009, 4th respondent issued notice to seize the properties belonging to the petitioner. Further it is stated that on 30.5.2009 enquiry committee submitted its report and Government had taken action on the Committee report. Several facts had been narrated in detail in the affidavit filed in support of the writ petition at paras 2, 3, 4, 5, 6, 7, 8, 9 and 10. 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 proceed with. The Writ Petition is accordingly disposed of. No order as to costs. _________________ P.S.NARAYANA,J 25th August, 2009. Note: Operative portion by wire at party’s cost. B/o PNV HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.17710 OF 2009 Dt.25.8.200