B.
ABHAY SIDDHANTH MOOTHA
ADVOCATE
Date: 26.03.2025
Amaravati.
To
The District Mines and Geology Officer,
Puttaparthi, Sri Sathya Sai District.
Respected Sir,
I, am issuing the following notice to you, under the instructions of my
client M/s. Siva Sai Constructions rep., by its Managing Partner K.V.Sai
Praneeth Reddy, having its Office atKutugaulla Village, Kutagulla, Kadiri
Mandal, Satya Sai District, do solemnly state and affirm as follows:
That my client was constrained to file a Writ Petition in W.P.No.20857 of
2024 on the file of the Hon’ble High Court of Andhra Pradesh at Amaravati
challenging Demand Notice No.1681/QL/RM/2019, dated 13.09.2024 issued by
the respondent No.5 herein levying Rs.12,89,99,926/- (Rupees Twelve Crores
Eighty Nine Lakhs, Ninety Nine Thousand, Nine Hundred and Twenty Six)
towards Seignorage Fee, Penalty, DMF, MERIT, Consideration Amount and IT
under Rules 26(1) and 34(1) of Andhra Pradesh Minor Mineral Rules, 1966 and
the consequential Seizure Notice in Form-I in Notice No.1681/QL/RM/2019,
dated 16.09.2024 seizing the Stone Crushing Unit of the petitioner, without
considering the explanation submitted by the petitioner as arbitrary, illegal,
abuse of process of law, as one without jurisdiction, contrary to the principles of
natural justice and Rules 26(1) and 34(1) of Andhra Pradesh Minor Mineral
Rules, 1966 apart from being violative of the Fundamental and Constitutional
B.ABHAY SIDDHANTH MOOTHA
ADVOCATE
Rights guaranteed to the petitioner under Articles 14, 19, 21 and 300-A of the
Constitution of India.
Whereas, the Hom’ble High Court was pleased to
Whereas, eventhough the Hon’ble High Court was pleased to suspend
the operation of the Seizure Notice vie Order, dated 24.09.2024 in I.A.No.2 of
2024 in W.P.No.20857 of 2024 and was also pleased to direct the respondents
not to take any coercive inpursuance of the demand notice, dated 13.09.2024.
Whereas, the seized stone crusher unit was wrongly confined the seized
machinery and the stone crushing was not release unit after 24.09.2024. Under
those circumstances, my client was constrained to file a Contempt Case in
C.C.No.3883 of 2024 for violation of the Orders, dated 24.09.2024 in I.A.No.2
of 2024 in W.P.No.20857 of 2024.
Further, when you had also failed to issue dispatch permits stating that
the amount specified in Demand Notice has to be paid in violation of the orders
in I.A.1 of 2024 in W.P.No.20857 of 2024, my client was constrained to file
another Contempt Case in C.C.No.3889 of 2024 for violation of the Orders,
dated 24.09.2024 in I.A.No.1 of 2024 in W.P.No.20857 of 2024.
Whereas, the Hon’ble Court was pleased to allow the said Writ Petition in
W.P.No.20857 of 2024 setting aside the Demand Notice, dated 13.09.2024 and
the Seizure notice, 16.09.2024 and remanded the matter back to you to conduct
a fresh enquiry on the survey report vide the Order, dated 13.03.2025
B.ABHAY SIDDHANTH MOOTHA
ADVOCATE
It is necessary to point out here that, the Hon’ble Court while allowing
the said Writ Petition was pleased to hold that admittedly the variation of the
stock excavated and the charges paid is only for 402.095 Cbm within the leased
area but the show cause notice and the demand notice were issued for
2,57,068.168 Cbm contrary to the survey report, dated 30.07.2024.
Whereas, my client was constrained to submit a representation, dated
19.03.2025 brining to your notice the copy of the Order, dated 13.03.2025 and
requested to release the seized machinery and also issue dispatch permits to it.
Whereas, evenafter receipt of the copy of the order, dated 13.03.2025, you have
failed to release the seized machinery and unit and have also failed to issue
dispatch permits by giving login id’s.
Therefore, I call upon you to comply with the orders of the Hon’ble High
Court dated 13.03.2025 in W.P.No.20857 of 2025 and release the seized
machinery and unit immediately and to issue dispatch permits to my client
M/s.Siva Sai Constructions, my client will be constrained to invoke the
contempt jurisdiction of the Hon’ble Court within a period of one week from
the date of receipt of this notice.
B.ABHAY SIDDHANTH
ADVOCATE.
