APHC010226662022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] TUESDAY,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 14618/2022 Between: 1. K.MALYADRI, S/O MUSALAIAH, AGED ABOUT 50 YEARS, R/O ANNAVARAM VILLAGE, JALADANKI MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY, INDUSTRIES AND COMMERCE (MINES) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DIRECTOR OF MINES AND GEOLOGY, GOVERNMENT OF ANDHRA PRADESH, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DIST. 3. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY, NELLORE, SPSR NELLORE DISTRICT. 4. THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, NELLORE, SPSR NELLORE DISTRICT. 5. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, AT NELLORE. 6. THE TAHASILDAR, JALADANKI MARIDAL, JALADANKI, SPSR NELLORE DISTRICT. ...RESPONDENT(S): 2 MRK,J W.P.No.14618 of 2022 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate order or direction more particularly one in the nature of the writ of mandamus declaring the G.O.Ms.No. 13 Industries and Commerce (Mines - III) Department, dated 14.3.2022 issued by the 1st respondent and the further action of the 6th respondent in submitting report in Rc.B.300/2021, dated 16.7.2021 rejecting to issue NOC for quarry of road metal in an extent of Ac. 10.00 in Sy. 10.00 in Sy. No. 867 situate in Annavaram Village, Jaladanki Mandal, SPSR Nellore District and the action of the 3rd respondent in issuing the order vide Proceeding No. 1452/Q/2020, dated 8.4.2022 rejecting the petitioner s application basing on the report of the Tahsildar as illegal, arbitrary, violative of principles of natural justice and violative of Articles 14 and 19 (1) (g) of the Constitution of India and set aside the same and consequently direct the respondents to conduct inspection / survey of land afresh permitting the petitioner to participate in the same and submit their report for granting the quarry lease to the above land in favour of the petitioner and pass Prayer is amended as per CO dt 10/11/2022 vide IA 02/2022 IA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 to 6 to conduct inspection/ survey of the land afresh for granting quarry lease of road metal in an extent of Ac.10.00 in Sy.No.867 situate in Annavaram Village, Jaladanki Mandal, SPSR Nellore District, by allowing the petitioner to participate in such inspection/ survey, pending disposal of the above writ petition and pass IA NO: 2 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to amend the prayer in the Writ Petition No.14618 of 2022 as follows: "...to issue an appropriate order or direction more particularly one in the nature of the writ of mandamus declaring the G.O.Ms.No.13 Industries & Commerce (Mines-III) Department, dated 14.3.2022 issued by the 1st respondent and the further action of the 6th respondent in submitting report in Rc.B.300/2021, dated • 16.7.2021 rejecting to issue NOC for quarry of road metal in an extent of Ac.10.00 in Sv.No_867 situate in Annavaram Village, Jaladanki Mandal, SPSR Nacre District and the action of the 3rd respondent in issuing the order Proceeding No.1452/Q/2020, dated 8.4.2022 rejecting the 3 MRK,J W.P.No.14618 of 2022 petitioner's application basing on the report of the Tahasildar as illegal, arbitrary, violative of principles of natural justice and violative of Articles 14 and 19(1)(g) of the Constitution of India and set-aside the same and consequently direct the respondents to conduct inspection/survey of land afresh permitting the petitioner to participate in the same and submit their report far_ granting the quarry lease to the above land in favour a petitioner... in place of -..to issue an appropriate order or direction one in the nature of the writ of mandamus declaring the action of the 6th respondent in submitting report in Rc.B.300 16.7.2021 rejecting to issue NOC for quarry of road extent of Ac.10.00 in Sy.No.867 situate in Annavaram village, Jaladanki Mandal, SPSR Nellore District and further action of the 3rd respondent in issuing the order vide Proceeding No.1452/Q/2020, dated 8.4.2022 rejecting the xe4rilocier's application basing on the report of the Tahsildar as arbitrary, violative of principles of natural justice and Articles 14 and 19(1)(g) of the Constitution of India and consequently set-aside the same and consequently direct the respondents to conduct inspection/survey of land afresh permitting the petitioner to participate in the same and submit their report for granting the quarry lease to the above land in favour of the petitioner..." and pass Counsel for the Petitioner: 1. KOCHIRI RAJA SHEKAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR MINES AND GEOLOGY The Court made the following: 4 MRK,J W.P.No.14618 of 2022 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 14618 of 2022 ORDER:- Sri. T.V.Manoj, representing counsel for the petitioner submitted that in view of the subsequent changes in the policy matters he seeks permission to withdraw the writ petition so as to work out legal remedies in terms in accordance with the law. 2. Learned Assistant Government Pleader for respondents has not objected for the same. 3. In view of the above, the writ petition is dismissed as withdrawn. However, liberty is granted to the petitioner to work out his legal remedies in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 05.05.2026 PBS 5 MRK,J W.P.No.14618 of 2022 242 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.14618 of 2022 Date: 05.05.2026 PBS