w w w . L a w y e r S e r v i c e s . i n
M/s. Parchur Cold Storage Pvt Ltd., reptd by its Director-Danda Srinivasa Rao v/s The Govt of A.P., Reptd by its Principal Secretary & Others
Company & Directors' Information:- R J COLD STORAGE PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049659
Company & Directors' Information:- S. D. COLD STORAGE PRIVATE LIMITED [Active] CIN = U15132UP1995PTC018791
Company & Directors' Information:- D G COLD STORAGE PRIVATE LIMITED [Active] CIN = U45209WB2001PTC092809
Company & Directors' Information:- N P S COLD STORAGE PRIVATE LIMITED [Active] CIN = U15549WB1997PTC085229
Company & Directors' Information:- G M COLD STORAGE PVT LTD [Active] CIN = U63022WB1986PTC041010
Company & Directors' Information:- G C G COLD STORAGE PRIVATE LIMITED [Active] CIN = U01400MH2012PTC235712
Company & Directors' Information:- L P COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1997PTC021864
Company & Directors' Information:- P D COLD STORAGE PRIVATE LIMITED [Active] CIN = U74900UP2010PTC039698
Company & Directors' Information:- N R S COLD STORAGE PVT LTD [Active] CIN = U63022WB1978PTC031524
Company & Directors' Information:- S M COLD STORAGE PVT LTD [Active] CIN = U63022WB1986PTC040843
Company & Directors' Information:- A TO Z COLD STORAGE PRIVATE LIMITED [Active] CIN = U15122UP2010PTC040956
Company & Directors' Information:- A-1 COLD STORAGE PRIVATE LIMITED [Active] CIN = U74900TG2015PTC100777
Company & Directors' Information:- D N COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1989PTC010708
Company & Directors' Information:- P S COLD STORAGE PRIVATE LIMITED [Active] CIN = U15139UP2001PTC026373
Company & Directors' Information:- N L COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022ML2001PTC006536
Company & Directors' Information:- K H I COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022DL1999PTC100373
Company & Directors' Information:- K J COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB1996PTC018274
Company & Directors' Information:- V K COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022RJ1998PTC014964
Company & Directors' Information:- R M COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1999PTC024532
Company & Directors' Information:- S L P COLD STORAGE PRIVATE LIMITED [Converted to LLP] CIN = U00063KA1997PTC022544
Company & Directors' Information:- M D COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP2001PTC025987
Company & Directors' Information:- S N COLD STORAGE PVT LTD [Active] CIN = U15132WB1977PTC031040
Company & Directors' Information:- A K COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1999PTC024374
Company & Directors' Information:- G. T. COLD STORAGE PRIVATE LIMITED [Active] CIN = U70101UP1999PTC024239
Company & Directors' Information:- G D COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022WB1997PTC084601
Company & Directors' Information:- J S COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB1997PTC020250
Company & Directors' Information:- B C COLD STORAGE PRIVATE LIMITED [Active] CIN = U45302PB1997PTC019355
Company & Directors' Information:- G S P COLD STORAGE PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069618
Company & Directors' Information:- R R COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022TZ1995PTC006478
Company & Directors' Information:- H J COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022WB1999PTC089452
Company & Directors' Information:- B K COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB1997PTC020070
Company & Directors' Information:- J T S COLD STORAGE PRIVATE LIMITED [Active] CIN = U74900UP2011PTC044733
Company & Directors' Information:- COLD STORAGE CORPORATION OF INDIA LIMITED [Active] CIN = U25193UP1946PLC001472
Company & Directors' Information:- M K R S S COLD STORAGE PRIVATE LIMITED [Active] CIN = U63090WB2020PTC241530
Company & Directors' Information:- R G P COLD STORAGE PRIVATE LIMITED [Active] CIN = U74999KA2006PTC039844
Company & Directors' Information:- J P G A COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB2005PTC028831
Company & Directors' Information:- R B COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022BR1979PTC001418
Company & Directors' Information:- N J COLD STORAGE PRIVATE LIMITED [Active] CIN = U63020DL2010PTC207001
Company & Directors' Information:- G M COLD STORAGE PVT LTD [Strike Off] CIN = U63022OR1985PTC001574
Company & Directors' Information:- S V S COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U74999AP1999PTC033134
Company & Directors' Information:- R V COLD STORAGE PVT LTD [Strike Off] CIN = U15133UP1988PTC010122
Company & Directors' Information:- V L S COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63010TG2011PTC072072
Company & Directors' Information:- M Y COLD STORAGE PRIVATE LIMITED [Active] CIN = U15122UP2012PTC053516
Company & Directors' Information:- K T COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022NL2001PTC006616
Company & Directors' Information:- M M COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63090TG2013PTC090068
Company & Directors' Information:- H. R. COLD STORAGE PRIVATE LIMITED [Active] CIN = U63030GJ2016PTC092718
Company & Directors' Information:- A K STORAGE PRIVATE LIMITED [Strike Off] CIN = U99999MH1978PTC020884
Company & Directors' Information:- COLD STORAGE (INDIA) LTD. [Dissolved] CIN = U99999MH1922PTC000998
Company & Directors' Information:- INDIA COLD STORAGE CO. LTD. [Not available for efiling] CIN = U99999MH1948PLC006673
Company & Directors' Information:- S. D. COLD STORAGE PRIVATE LIMITED [Active] CIN = U15132UP1995PTC018791
Company & Directors' Information:- D G COLD STORAGE PRIVATE LIMITED [Active] CIN = U45209WB2001PTC092809
Company & Directors' Information:- N P S COLD STORAGE PRIVATE LIMITED [Active] CIN = U15549WB1997PTC085229
Company & Directors' Information:- G M COLD STORAGE PVT LTD [Active] CIN = U63022WB1986PTC041010
Company & Directors' Information:- G C G COLD STORAGE PRIVATE LIMITED [Active] CIN = U01400MH2012PTC235712
Company & Directors' Information:- L P COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1997PTC021864
Company & Directors' Information:- P D COLD STORAGE PRIVATE LIMITED [Active] CIN = U74900UP2010PTC039698
Company & Directors' Information:- N R S COLD STORAGE PVT LTD [Active] CIN = U63022WB1978PTC031524
Company & Directors' Information:- S M COLD STORAGE PVT LTD [Active] CIN = U63022WB1986PTC040843
Company & Directors' Information:- A TO Z COLD STORAGE PRIVATE LIMITED [Active] CIN = U15122UP2010PTC040956
Company & Directors' Information:- A-1 COLD STORAGE PRIVATE LIMITED [Active] CIN = U74900TG2015PTC100777
Company & Directors' Information:- D N COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1989PTC010708
Company & Directors' Information:- P S COLD STORAGE PRIVATE LIMITED [Active] CIN = U15139UP2001PTC026373
Company & Directors' Information:- N L COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022ML2001PTC006536
Company & Directors' Information:- K H I COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022DL1999PTC100373
Company & Directors' Information:- K J COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB1996PTC018274
Company & Directors' Information:- V K COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022RJ1998PTC014964
Company & Directors' Information:- R M COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1999PTC024532
Company & Directors' Information:- S L P COLD STORAGE PRIVATE LIMITED [Converted to LLP] CIN = U00063KA1997PTC022544
Company & Directors' Information:- M D COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP2001PTC025987
Company & Directors' Information:- S N COLD STORAGE PVT LTD [Active] CIN = U15132WB1977PTC031040
Company & Directors' Information:- A K COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1999PTC024374
Company & Directors' Information:- G. T. COLD STORAGE PRIVATE LIMITED [Active] CIN = U70101UP1999PTC024239
Company & Directors' Information:- G D COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022WB1997PTC084601
Company & Directors' Information:- J S COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB1997PTC020250
Company & Directors' Information:- B C COLD STORAGE PRIVATE LIMITED [Active] CIN = U45302PB1997PTC019355
Company & Directors' Information:- G S P COLD STORAGE PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069618
Company & Directors' Information:- R R COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022TZ1995PTC006478
Company & Directors' Information:- H J COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022WB1999PTC089452
Company & Directors' Information:- B K COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB1997PTC020070
Company & Directors' Information:- J T S COLD STORAGE PRIVATE LIMITED [Active] CIN = U74900UP2011PTC044733
Company & Directors' Information:- COLD STORAGE CORPORATION OF INDIA LIMITED [Active] CIN = U25193UP1946PLC001472
Company & Directors' Information:- M K R S S COLD STORAGE PRIVATE LIMITED [Active] CIN = U63090WB2020PTC241530
Company & Directors' Information:- R G P COLD STORAGE PRIVATE LIMITED [Active] CIN = U74999KA2006PTC039844
Company & Directors' Information:- J P G A COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB2005PTC028831
Company & Directors' Information:- R B COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022BR1979PTC001418
Company & Directors' Information:- N J COLD STORAGE PRIVATE LIMITED [Active] CIN = U63020DL2010PTC207001
Company & Directors' Information:- G M COLD STORAGE PVT LTD [Strike Off] CIN = U63022OR1985PTC001574
Company & Directors' Information:- S V S COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U74999AP1999PTC033134
Company & Directors' Information:- R V COLD STORAGE PVT LTD [Strike Off] CIN = U15133UP1988PTC010122
Company & Directors' Information:- V L S COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63010TG2011PTC072072
Company & Directors' Information:- M Y COLD STORAGE PRIVATE LIMITED [Active] CIN = U15122UP2012PTC053516
Company & Directors' Information:- K T COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022NL2001PTC006616
Company & Directors' Information:- M M COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63090TG2013PTC090068
Company & Directors' Information:- H. R. COLD STORAGE PRIVATE LIMITED [Active] CIN = U63030GJ2016PTC092718
Company & Directors' Information:- A K STORAGE PRIVATE LIMITED [Strike Off] CIN = U99999MH1978PTC020884
Company & Directors' Information:- COLD STORAGE (INDIA) LTD. [Dissolved] CIN = U99999MH1922PTC000998
Company & Directors' Information:- INDIA COLD STORAGE CO. LTD. [Not available for efiling] CIN = U99999MH1948PLC006673
Writ Petition No. 17086 of 2013
Decided On, 23 September 2013
At, High Court of Andhra Pradesh
By, THE HONOURABLE MR. JUSTICE C.V. NAGARJUNA REDDY
For the Petitioner: G. Raja Babu for Mrs. N. Shoba, Advocates. For the Respondents: AGP for Mines & Geology.
Judgment Text
Feeling aggrieved by memo No.6581/M.II/2/2011-4, dated 08.2.2013, of respondent No.1, whereby it has disposed of the petitioner’s Revision Application filed under Rule-35A of the Andhra Pradesh Minor Mineral Concession Rules, 1966, this Writ Petition is filed.
The petitioner has questioned the impugned memo mainly on two grounds, namely (1) that the hearing notice was not received by it, and (2) that the order passed in its Revision Application is bereft of any reasons.
As regards the first plea of the petitioner, the learned Government Pleader for Mines and Geology has produced before the Court the record, which shows that a telegram was issued to the petitioner informing the date of hearing of Revision as 26.06.2012, which is despatched by the office of respondent No.1 on 21.06.2012.
The learned Assistant Government Pleader, however, is unable to show proof of service of such telegram on the petitioner. Hence, in the absence of proof of service of the purported telegram, it cannot be said that the petitioner was given proper hearing opportunity. More over, the purported hearing having been fixed on 26.06.2012, the impugned order was passed nearly six months later. This Court is unable to comprehend as to the method of service of notice. If the case was urgent as it would not brook the delay in service of notice through normal method of registered post, there is no rationale in keeping the case pending for nearly six months after the hearing was closed on 26.06.2012. If respondent No.1 could wait for nearly six months for passing the order after hearing, one is at a loss to know as to why it has sent notice through telegram to the petitioner. As opportunity of hearing is offered to the aggrieved party for rederessal of his/her grievances, the same cannot be reduced to a formality as was done by respondent No.1.
Even on merits, I am fully thoroughly dissatisfied with the manner in which respondent No.1 has passed the impugned order. When the petitioner has challenged its liability for payment of any seigniorage charges leave alone the penalty, respondent No.1 has modified the order of the primary authority, by confirming the normal seigniorage fee and reducing the penalty to one time from five times, without any reasons whatsoever. Except referring to two cases pending in the Court and the willingness of the petitioner to withdraw the same, no reason whatsoever has been assigned by respondent No.1 to fasten the liability of normal seigniorage fee with one time penalty on the petitioner.
Learned counsel for the petitioner submitted that no case relating to it on the subject matter is pending any where and that his client has not given any undertaking to withdraw the same.
As the impugned order is devoid of any reasons, furnishing of which is a sine qua non for a valid order, the same is set aside. The matter is remitt
The petitioner has questioned the impugned memo mainly on two grounds, namely (1) that the hearing notice was not received by it, and (2) that the order passed in its Revision Application is bereft of any reasons.
As regards the first plea of the petitioner, the learned Government Pleader for Mines and Geology has produced before the Court the record, which shows that a telegram was issued to the petitioner informing the date of hearing of Revision as 26.06.2012, which is despatched by the office of respondent No.1 on 21.06.2012.
The learned Assistant Government Pleader, however, is unable to show proof of service of such telegram on the petitioner. Hence, in the absence of proof of service of the purported telegram, it cannot be said that the petitioner was given proper hearing opportunity. More over, the purported hearing having been fixed on 26.06.2012, the impugned order was passed nearly six months later. This Court is unable to comprehend as to the method of service of notice. If the case was urgent as it would not brook the delay in service of notice through normal method of registered post, there is no rationale in keeping the case pending for nearly six months after the hearing was closed on 26.06.2012. If respondent No.1 could wait for nearly six months for passing the order after hearing, one is at a loss to know as to why it has sent notice through telegram to the petitioner. As opportunity of hearing is offered to the aggrieved party for rederessal of his/her grievances, the same cannot be reduced to a formality as was done by respondent No.1.
Even on merits, I am fully thoroughly dissatisfied with the manner in which respondent No.1 has passed the impugned order. When the petitioner has challenged its liability for payment of any seigniorage charges leave alone the penalty, respondent No.1 has modified the order of the primary authority, by confirming the normal seigniorage fee and reducing the penalty to one time from five times, without any reasons whatsoever. Except referring to two cases pending in the Court and the willingness of the petitioner to withdraw the same, no reason whatsoever has been assigned by respondent No.1 to fasten the liability of normal seigniorage fee with one time penalty on the petitioner.
Learned counsel for the petitioner submitted that no case relating to it on the subject matter is pending any where and that his client has not given any undertaking to withdraw the same.
As the impugned order is devoid of any reasons, furnishing of which is a sine qua non for a valid order, the same is set aside. The matter is remitt
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ed back to respondent No.1 for fresh disposal after service of proper notice on the petitioner and passing a fresh order by giving reasons in support of the same. The Writ Petition is, accordingly, allowed. As a sequel to disposed of the Writ Petition, W.P.M.P.No.20737 of 2013 is disposed of infructuous.