Nadimpalli Venkata Subba Raju v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.34481 of 2015 ORDER:

The grievance of the petitioner is that notwithstanding the pendency of his appeal before the Director of Mines and Geology, Andhra Pradesh, the mining authorities were insisting upon payment of the seigniorage fee along with penalty due under demand notice dated 18.03.2014.

It appears that subsequent demand notices dated 09.07.2015 and 30.09.2015 were issued by the Assistant Director of Mines and Geology, Rajahmundry, East Godavari District.

Sri T.V.S.Prabhakar Rao, learned counsel for the petitioner, states that a stay application has been filed along with the appeal but the appellate authority has not passed any orders upon the said stay application. In that view of the matter, the writ petition is disposed of directing the appellate authority, the Director of Mines and Geology, Andhra Pradesh, to dispose of the stay application or the main appeal, as deemed appropriate, within four (4) weeks from the date of receipt of a copy of this order. Pending this exercise, the mining authorities shall not insist upon payment of the penalty amount. Sri T.V.S.Prabhakar Rao, learned counsel, states that the seigniorage fee demanded would be paid immediately.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

___________________________ SANJAY KUMAR, J Date:14.10.2015 GJ