P GUNA SEKHAR NAIDU v. THE STATE OF ANDHRA PRADESH
WP/6939/2025 · 2025-03-21
Kiranmayee Mandava
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 11527 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11527 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
f I IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE WRIT PETITION NO: 6939 OF AMARAVATI MANDAVA Between: P. Guna Sekhar Naidu, S/o Sri Rama Naidu, Pilligundlapalli Village, Magunta Post, SR Aged around 65 Years, R/o Puram Mandal, Chittoor District ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Industries and Commerce Department, Secretariat Velagapudi, Amaravathi, Andhra Pradesh
2. The Principal Secretary (Mines), Industries Secretary (Mines) Buildings, and Commerce Department, Government of Andhra Pradesh , Secretariat Buildings Velagapudi, Amaravathi Andhra Pradesh
3. The Director of Mines and Geology, Ibrahimpatnam District, Andhra Pradesh
4. The Deputy Director of Mines and Geology
5. The Assistant Director of Mines and “
6. The District Mines and Geology Officer Vijayawada, NTR Chittoor District Geology, Chittoor District, A.P , Chittoor District, A.P ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order dr direction may more particularly one in the nature of the writ of MANDAMUS declaring (A) the action of the Respondent No.2 herein in not disposing the Revision Application dated 29.04.2024 filed by the Petitioner herein against the Demand Notice No. 1751/Q2/2011 dated expeditiously in 12.04.2024 issued by the Respondent No.5 herein
/ accordance with the law sheer arbitrary, unjust, contrary the Rule 35C of the Andhra Pradesh besides being violative to the object of Minor Mineral Concession Rules „ ... 14. 19(1)g 21 and 300A Const,tut,on of India (B) the action, of the Respondents No. 3 to 6 - not issuing the dispatch permit for drawn from land admeasuring 0.732 Katikapalli Village, S.R. Puram 1966 of the herein in dispatching the Color Granite Mineral Hectares in Sy. No. 247 and 325/P Mandal, Chittoor District of jroTaorl Tb
"at'ed the R' ■
""" '' ia the subject matter of No 2 aT shelr"''br" Itstein before the Respondent No.2 Sheer arb,trary, unjust, Irrational and contrary to the Andhra i:H ixrr ^ Art,cles 14, 19(1)g of the Constitution of India and Cotor Gran,te m,neral drawn from the lease area in accordance with the iaW w,thout reference to the Demand Notice No.1751/Q2/2011 dated 12 04 2^ pending adjudication before the Respondent consequently direct thd No.2 herein.
jA NO: 1 OF pnri; Petition under Section 151 stated in the affidavit filed i CPC praying that in the circumstanced in support of the petition, the High Court pleased to direct the Respondents may bd No. 3 to 6 herein to issue disnatrH perm,fs for dispatching the Color Granite mineral drawn from the lease area measunng 0.732 Hectares in Syr^No. 247 and 325/P of Katikapalli uram Mandai, Ch,ttoor D,slrict in accordance with the law without reference to the Notice No. 1751/Q2/2011 dated 12.04 2024 adjud,cat,on before the Respondent No.2 herein. Village; pending jA NO: 2 OF 2091; Petition under Section 151 stated in the affidavit filed i ePC praying that in the circumstances ,n support of the petition, the High Court may be
4 pleased to direct the Respondent No.2 herein Application dated 18.04.2024 filed, by the Petitioner Notice No. 1751/Q2/2011 dated 12.04.2024 i expeditiously. to dispose the Revision herein against the issued by the Respondent No.§ Counsel for the Petitioner: M/s. JYOTHI RATNA ANUMOLU Counsel for the Respondent Nos.1 to 6: GP FOR INDUSTRIES COMMERCE The Court made the following: ORDER v - i ■; {
APHC010133532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] ?: f FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6939/2025 Between: ...PETITIONER P Guna Sekhar Naidu AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.JYOTHI RATNAANUMOLU Counsel for the Respondent(S):
1.GP FOR INDUSTRIES COMMERCE The Court made the following order: Challenging the inaction of respondent No.2 in not disposing of the Revision Application dated 29.04.2024, filed by the petitioner against the order respondent demanding payment of Rs. 19,11,353/- towards normal Fee
Consideration amount. Penalty, DMF, etc., the present writ th of the 5 Seigniorage petition is filed. Heard Smt. Jyothi Ratna Anumolu, learned counsel for the petitioner learned Assistant Government Pleader for Industries and Commerce appearing for respondents.
2. and
"V The said revision has been stated to have been filed on 29.04.2024. Since the revision petition filed against the demand raised against the petitioner is pending
consideration before the revisional authority, the authorities have not issued a dispatch permit, causing financial prejudice to the petitioner and prayed for disposal of the said revision petition. Pending disposal of the said revision petition, the petitioner has prayed for issuance of a dispatch permit for transportation of the Mineral.
3.
4. Having regard to the
contentions advanced, this Court is of the considered view that, it is appropriate to direct the respondent authorities to dispose of the revision petition and pass appropriate orders within a period of six weeks from the date of receipt of this order.
5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed.
Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SEC fr^^FFiCER To,
1. The Principal Secretary (Mines) Industries and Commerce Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi Andhra Pradesh
2. The Principal Secretary (Mines), Industries and Commerce Department, Government of Andhra Pradesh, Secretariat Buildings Velagapudi, Amaravathi Andhra Pradesh
3. The Director of Mines and Geology, Ibrahimpatnam, Vijayawada, NTR ‘ District, Andhra Pradesh
4. The Deputy Director of Mines and Geology, Chittoor District '
5. The Assistant Director of Mines and Geology, Chittoor District, A.P
6. The District Mines and Geology Officer, Chittoor District, A.P
7. One CC to M/s. Jyothi Ratna Ahumolu, Advocate [OPUC]
8. Two CCs to GP for Industries and Commerce, High Court of Andh Pradesh. [OUT]
9. Three CD Copies. ra ssb
f HIGH COURT DATED:21/03/2025
ORDER WP.No.6939 of 2025 ANDB^ ■s’ 09 APR 2025 ^ . Current Section . Soi DISPOSING OF THE W.P. WITHOUT COSTS