Andhra Pradesh High Court - Amravati
M/S V V R Crushers And ... vs The State Of Ap on 22 February, 2021
Bench: Arup Kumar Goswami, C.Praveen Kumar
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE C. PRAVEEN KUMAR
WRIT APPEAL No.89 of 2021
(Taken up through video conferencing)
M/s. VVR Crushers and Constructions
A Proprietary Concern, rep., by its Sole
Proprietor P. Srinivasa Babu,
S/o P. Venkateswara Rao,
Aged 47 years, r/o HIG-217, Sector-4,
MVP Colony, Visakhapatnam, A.P.
.. Appellant.
Versus
The State of Andhra Pradesh
Rep., by its Principal Secretary
Industries and Commerce (Mines) Department,
A.P. Secretariat, Velagapudi,
Guntur District, Andhra Pradesh and another.
..Respondents.
Counsel for the Appellant : Mr. Hari Sreedhar
Counsel for the respondents : Government Pleader for Mines & Geology
ORAL JUDGMENT
Dt: 22.02.2021
per Arup Kumar Goswami, CJ
Heard Mr. Hari Sreedhar, learned Counsel for the appellant and the
learned Government Pleader for Mines and Geology for the respondents.
2. This Writ Appeal is presented against the order dated 29.12.2020
passed by learned single Judge in W.P.No.25292 of 2020.
HCJ & CPK, J
W.A.No.89 of 2021
3. By the aforesaid order, learned single Judge disposed of the Writ
Petition recording as follows:
"Having heard the learned counsel for the petitioner and taking
into consideration the provisions of Rule 35 of the Rules, Writ
Petition is disposed of, leaving it open for the petitioner herein to
prefer statutory appeal before the Assistant Director of Mines &
Geology, Anakapalli-second respondent herein within a period of
one month from the date of receipt of a copy of this order. It is
also open for the petitioner herein to file a stay application along
with the said appeal. Having regard to the facts and
circumstances of the case, this Court deems it appropriate to
direct the respondent authorities not to take any coercive steps
for a period of six weeks from today. If any such appeal, within
the time stipulated above, is filed, the same be considered and
appropriate orders be passed, strictly in accordance with law, as
expeditiously as possible, after giving opportunity of hearing to
the petitioner herein. There shall be no order as to costs. All
contentions are left open."
4. Mr. Hari Sreedhar, learned Counsel for the appellant, submits that
demand notice dated 10.11.2020 issued by the 2nd respondent is without
jurisdiction and, therefore, this Court may like to examine the issue raised
by the appellant with regard to the question of jurisdiction.
5. At the outset, it is to be noted that learned single Judge has wrongly
recorded that statutory appeal lies before the Assistant Director of Mines &
Geology and it should have been recorded as Director of Mines & Geology,
to avail remedy of statutory appeal.
HCJ & CPK, J
W.A.No.89 of 2021
6. Having regard to the subject matter in dispute, we are of the opinion
that learned single Judge was justified in relegating the appellant to the
statutory remedy of appeal before the appellate authority and, therefore,
we do not think it is a fit case to interfere with the order of the learned
single Judge. However, we observe that, in case appeal is filed within (7)
days from today and in the event there arises delay in preferring the
statutory appeal, the appellate authority shall condone the delay and
proceed to hear the appeal on merits. It is also observed that if any
application for stay is filed, as indicated by learned single Judge, same shall
also be considered in accordance with law.
7. Accordingly, this Writ Appeal stands disposed of. No order as to
costs. Pending miscellaneous applications, if any, shall stand closed.
ARUP KUMAR GOSWAMI, CJ C. PRAVEEN KUMAR, J
Nn
HCJ & CPK, J
W.A.No.89 of 2021
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE C. PRAVEEN KUMAR
WRIT APPEAL No.89 of 2021
(per Arup Kumar Goswami, CJ)
Dt: 22.02.2021
Nn
