Bachiraju Venkata Krishna Rao vs The State Of Ap
2024 Latest Caselaw 9238 AP

Andhra Pradesh High Court - Amravati

Bachiraju Venkata Krishna Rao vs The State Of Ap on 4 October, 2024

HIGH COURT OF ANDHRA PRADESH

MAIN CASE NO.: W.P.No.22607 of 2024 PROCEEDING SHEET Sl. Date ORDER OFFICE No. NOTE

01. 04.10.2024 TRR,J

Learned counsel for the petitioner has placed the judgment of this Hon'ble Court in the case of GSR Stone Crushers, Srikakulam District v. State of Andhra Pradesh and another reported in 2023(1) ALD 631, wherein the learned single Judge of this Court held that

"...the Assistant Director of mines or any other authority of the State cannot determine the culpability of the person said to be in violation of the MMDR Act or the Concession rules or levy a penalty and it is only a court of competent jurisdiction which can go into these questions and levy penalties set out under rule 26 of the concession rules or under any of the other provisions of the MMDR Act or the Concession rules."

Notice, dated 06.09.2024 issued to the petitioner is in violation of Rule 26 (3)(ii) and Rule 34 of the A.P.Minor Mineral Concession Rules, 1966 and the same was assailed in the present writ petition. In view of the judgment of this Court (referred supra), status quo existing as on today shall be maintained, for a period of three weeks.

List the matter on 14.10.2024.

________ TRR,J SPP