Absence Of Reasons In Order Imposing Penalty Violates Principles Of Natural Justice: Andhra Pradesh High Court

The petitioner had been granted a quarry lease for Black Granite over an extent of land for a period of 20 years. The said lease had been determined by an order of Director, Mines and Geology. Aggrieved by the Order, a Revision was filed under the A.P. Minor Mineral Concession Rules, 1996. The revision was allowed but a condition was imposed towards penalty.

Aggrieved by the said condition imposed on the petitioner without assigning any reasons in order, the petitioner approached this Court.

Senior counsel P. Veera Reddy for petitioner submitted that no reasons were given regarding the condition that was imposed on the Petitioner. It was submitted that such an imposition without even giving any reasons was clearly arbitrary and violative of Article 14 of the Constitution of India.

Furthermore, once the said condition was stayed in a previous writ petition, the respondents would be duty bound to permit to the petitioner to carry on quarry operations and the petitioner could not be prohibited.

The court observed that no reasons were given as to why such conditions were imposed on the petitioner.

"The absence of reasons is a clear case of violation of principles of natural justice in as much as neither the petitioner nor the Higher Authority would have any idea as to what went on in the mind of the authority while passing such an order."

The writ petition was allowed and the Revision filed by the Petitioner was remanded back to the Revisional authority to pass appropriate orders after giving an opportunity to the petitioner and by giving reasons.

Case Title: N. Srinath Reddy Versus State of Andhra Pradesh

Citation: 2022 LiveLaw (AP) 45

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