HONOURABLE THE ACTING CHIEF JUSTICE
SRI M.S.RAMACHANDRA RAO
AND
HONOURABLE SRI JUSTICE T.VINOD KUMAR
WRIT APPEAL No.433 OF 2021
JUDGMENT: (Per Hob'ble The Acting Chief Justice M.S.Ramachandra Rao)
This Writ Appeal is filed by the appellants challenging the
order dt. 11.08.2021 in I.A.No.1 of 2021 in W.P.No.18748 of 2021,
wherein, while granting stay of all further proceedings pursuant to
the proceedings dated 04.08.2021 issued by the 4th respondent, the
learned Single Judge imposed a condition of deposit by the appellants of an amount of Rs.6,77,144/- within four weeks from the date of the order. The said amount is said to be normal seigniorage fee levied on the appellants and was subject matter of a notice dt. 23.12.2020 issued by 4th respondent which was confirmed in an appeal on 17.06.2021 by 2nd respondent.
2. While it is the contention of the respondents that the appellants have dug pits and excavated and transported the mineral, the appellants denied the same.
3. In the impugned orders passed on 23.12.2020 and 17.06.2021 by the 4th and 2nd respondent respectively, they have relied upon two panchanamas allegedly conducted by Revenue officials on 21.11.2020 and 23.11.2020, wherein it is stated to be recorded that there was illegal transportation of gravel from the appellants land.
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4. But copies of the panchanamas filed by the appellants do not disclose that there was any such illegal transportation of gravel from their land at the time when the panchanamas were made.
5. No other independent evidence is referred to in the orders passed by respondent Nos.2 and 4 except a newspaper article in Andhra Prabha Telugu Daily on 19.11.2020.
6. The appellants alleged that they are only farmers, that their land is rocky land, that they were only levelling the land for agricultural purposes, and that they are not doing any mining activity, and the very allegation that they are mining mineral and then transporting it, is false.
7. Since there is no material placed on record by the respondents about the appellants transporting any mineral, merely because there are pits in the land of the appellants, there is no presumption that they are doing mining activity and transporting mineral.
8. In this view of the matter, the Writ Appeal is allowed and the condition imposed by the learned Single Judge of deposit of Rs.6,77,144/- by the appellants for granting stay of all further proceedings pursuant to the proceedings dt. 04.08.2021 issued by the 4th respondent, is set aside.
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9. In other words, there shall be stay of all further proceedings pursuant to the impugned proceedings dated 04.08.2021 issued by the 4th respondent, pending disposal of the Writ Petition.
10. It is made clear that any observations in this order shall not influence the learned Single Judge when the Writ Petition is taken up and decided.
11. Pending miscellaneous petitions, if any, in this Writ Appeal shall stand closed.
________________________________ M.S.RAMACHANDRA RAO, ACJ ______________________ T.VINOD KUMAR, J Date: 09.09.2021.
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