Citation : 2022 Latest Caselaw 1527 AP
Judgement Date : 28 March, 2022
THE HONOURABLE SRI JUSTICE R. RAGHUNANDHAN RAO
W.P.NO.7591 OF 2022
ORDER:-
The petitioner was granted a lease over four hectares of land in
Sy.No.1481 of Dornakambala Village, Chandragiri Mandal, Chittoor District,
on 14.02.2017, for quarrying road metal and building stones. Aggrieved by
the demand notice No.241-4/V&E/NR-TPT/2013, dated 13.06.2014, for a
sum of Rs.12,73,500/- issued by the 4th respondent, the petitioner had
filed a revision before the 1st respondent under Rule 35-A of the A.P.
Minor Mineral Concession Rules, 1966. This revision has been disposed of
by the 1st respondent vide Memo No.1153/M.I(1)/2021, dated 02.09.2021
reducing the demand amount to Rs.6,36,750/-. Aggrieved by the said
Memo dated 02.09.2022, the petitioner has approached this Court by way
of the present writ petition.
The contention of the petitioner is that the said revisional order
does not contain any reasons and as such the same is violative of
principles of natural justice and requires to be set aside. The petitioner
relied upon a judgment of a learned Single Judge of this Court in Sree
Srinivasa Stone Crusher vs. State of Andhra Pradesh1. This case
relates to the petitioner herein himself.
A perusal of the impugned order shows that the 1st respondent has
not given any reasons for passing the impugned order.
In view of the judgment of the learned Single Judge in the case of
the petitioner, cited above, and in view of the fact that there are no
reasons attributed in the impugned order, it must be held that the
1
2020 SCC ONLINE AP 4386
2
RRR,J
W.P.No.7591 of 2022
impugned order suffers from violation of principles of natural justice and
has to be set aside.
Accordingly, the writ petition is allowed and the impugned order is
set aside remanding the revision back to the 1st respondent for an
appropriate order to be passed. Needless to say, the said order shall
contain reasons. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand
closed.
__________________________
R. RAGHUNANDHAN RAO, J.
28th March, 2022 Js.
RRR,J W.P.No.7591 of 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.7591 of 2022
28th March, 2022
Js
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