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State’s permanent executive should properly guide political executive: HC

Published: 08th June 2016 04:47 AM  |   Last Updated: 08th June 2016 04:47 AM   |  A+A-

HYDERABAD: The High Court has advised the chief secretaries of Andhra Pradesh and Telangana states to issue necessary instructions to the executive to properly aid, assist and guide the political executive while discharging the quasi-judicial functions. Exercise of discretionary power by revisionary authority should not be as per whims and fancies. It is the permanent executive which would have to advise and steer the political executive, the court has observed.

Justice PV Sanjay Kumar gave this advice while allowing a petition filed by GI Estates, a mining company in Guntur district, challenging a memo issued by the AP government confirming the demand notice issued by the assistant director of mines and geology by rejecting their revision petition.         

As per the provisions of Mines and Mineral Act, the mines minister has the power to review the demand notices issued by the authorities of mines and geology department in the capacity of revisionary authority. Petitioner’s counsel P Roy Reddy said that in three cases three different orders were passed by the revisionary authority. There was no rationale in applying different standards to similarly situated persons, he said.

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