APHC010139042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE ■ PRESENT THE HONOURABUE SMT. JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7716 OF 2025 Between: M. Siva Sankara Reddy, S/o. M. Narayanaswamy Reddy, R/o. D-No. 3-8S Somaraju Kunta, Daniyanicheruvu (V), N.P. Kunta Mandal, Sri Satya Sai District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines Secretariat Buildings, Velagapudi and Geology Department, Amaravathi. 2. The Commissioner of Director of Mines and Geology, Ibrahimpatnam, Vijayawada. 3. The District Mines and Geology Officer, Puttparthi, Sri Satya Sai District. 4. The Deputy Direction of Mines and Geology, Ananthapur, Sri Satya Sai District. 5. G. V. S. V. Reddy, S/o. G.V.N. Reddy, Aged about 58 years, R/o. Flat No. 9, 4'^ Floor, T.G.R. Heights, Mount view Enclave Road No. 12, A.C.B. Office Lane, Banjara Hills, Hyderabad. 6. M/s KarnevI Silica Pvt Ltd, Rep., by its director, Jeevarathnva kumar, Cheekarameli, O/o. H.No. 8-2-686/7/1/2, Road No. 12 Banjara Hills, Hyderabad. ...Respondents ■^Retition 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 a Writ of Mandamus or any other appropriate Writ or direc^tioatieclaring the action of the 3'"'^ respondent in issuing the impugned procee^ngs vide Proceedings No. 342/TQL/QTZ/2023, Dt. 21.12.2023 for transfer of the quarry leasee in favour of the 6th respondent in respect of the land being an extent of 6.00 Hectares in Sy.No. 988/P Velichelamala Village, N.P. Kunta Mandal, Sri Satya Sai District is as illegal, arbitrary, violation of Article 14, 21 and 300-A of the constitution of India and violation of principal of natural justice and contrary to the procedure prescribed under the Mines and Minerals (Development and Regulation) Act, 1957 and consequently set-aside the above said proceedings. ... r situated at lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the impugned proceedings issued by the 3^^^ respondent vide proceedings No. 342/TQL/QTZ/2023, Dt. 21.12.2023, pending disposal of the main writ petition. lA NO: 2 OF 2025 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 no. 2 to 4 herein to grant online permissions to the petitioner for carrying quarry operations of land being an extent of 6.00 Hectares in Sy.No. 988/P situated at Velichelamala Village, N.P. Kunta Mandal, Sri Satya Sai District pending disposal of the main writ petition. lA NO: 3 OF 2025 Between: M/s KarnevI Silica Pvt Ltd, Rep., by its director Cheekarameli, O/o. H.No. 8-2-686/7/1/2, Road No. 12 Banjara Hills Hyderabad. Jeevarathnva kumar. ...Petitioner/Respondent No.6 AND 1. M. Siva Sankara Reddy, S/o. M. Narayanaswamy Reddy, R/o. D.No. 3- 86 Somaraju Kunta, Daniyanicheruvu (V), N.P. Kunta Mandal, Sri Satya Sai District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department Amaravathi. 3. The Commissioner of Director of Mines and Geology, Ibrahimpatnam, Vijayawada. 4. The District Mines and Geology Officer, Puttparthi, Sri Satya Sai District. 5. The Deputy Direction of Mines and Geology, Ananthapur, Sri Satya Sai District. 6. G. V. S. V. Reddy, S/o. G.V.N. Reddy, Aged about 58 years, R/o. Flat No. 9, 4*'^ Floor, T.G.R. Heights, Mount view Enclave Road No. 12, A.C.B. Office Lane, Banjara Hills, Hyderabad. Secretariat Buildings, Velagapudi ...Respondents 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 vacate the orders dated 5.5.2025 passed in lA No. 1 of 2025 in WPNo. 7716 of 2025 and consequently dismiss the WP No. 7716 of 2024. a I lA NO: 4 OF 2025 , Between: The District Mines and Geology Officer, Puttparthi, Sri Satya Sai District. ...Petitioner/3''' Respondent AND 1. M. Siva Sankara Reddy, S/o. M. Narayanaswamy Reddy, R/o. D.No. 3- 86 Somaraju Kunta, Daniyanicheruvu (V) N.P. Kunta Mandal, Sri Satya Sai District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department Secretariat Buildings, Velagapudi Amaravathi. 3. The Commissioner of Director of Mines and Geology, Ibrahimpatnam Vijayawada. 4. The Deputy Direction of Mines and Geology, Ananthapur, Sri Satya Sai District. 5. G. V. S. V. Reddy, S/o. G.V.N. Reddy, Aged about 58 years, R/o. Flat No. 9, 4"^ Floor, T.G.R. Heights, Mount view Enclave Road No. 12, A.C.B. Office Lane, Banjara Hills, Hyderabad. 6. M/s KarnevI Silica Pvt Ltd, Rep., by its director, Jeevarathnva kumar Cheekarameli, O/o. H.No. 8-2-686/7/1/2, Road No. 12 Banjara Hills Hyderabad. ...Respondents/Respondents (R2 to R6 are not necessary parties in this petition) 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 vacate the interim order dated: 05-05-2025 passed in WP.No.7716/2025 and dismiss the writ petition. r Counsel for the Petitioner: P NARASIMHULU Counsel for the Respondent Nos.1 to 4 ; GP FOR MINES AND GEOLOGY Counsel for the Respondent No.5 : SRI V. SEETHARAMA AVADHANI Counsel for the Respondent No.6 : Ms. DIVYA QOKKA The Court made the following order: APHC010139042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7716/2025 Between: 1.M. SIVA SANKARA REDDY, S/0. M. NARAYANASWAMY REDDY, R/0. D.NO. 3-86 SOMARAJU KUNTA, DANIYANICHERUVU (V), N.R KUNTAMANDAL, SRI SATYASAI DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDIAMARAVATHI. 2.THE COMMISSIONER OF DIRECTOR OF MINES AND GEOLOGY, IBRAHIMPATNAM, VIJAYAWADA. 3.THE DISTRICT MINES AND GEOLOGY OFFICER, PUTTPARTHI, SRI SATYA SAI DISTRICT. 4.THE DEPUTY DIRECTION OF MINES AND GEOLOGY, ANANTHAPUR, SRI SATYASAI DISTRICT. 5.G V S V REDDY, S/0. G.V.N. REDDY, AGED ABOUT 58 YEARS, R/0. FLAT NO. 9, 4TH FLOOR, T.G.R. HEIGHTS, MOUNT VIEW ENCLAVE ROAD NO. 12, A.C.B. OFFICE LANE, BANJARA HILLS, HYDERABAD. 6. M/S KARNEVI SILICA PVT LTD, REP, BY ITS DIRECTOR, JEEVARATHNVA KUMAR, CHEEKARAMELI, 0/0 H.NO. 8-2-686/7/1/2, ROAD NO. 12 BANJARA HILLS, HYDERABAD. ...RESPONDENT(S): 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 tomay be pleased to issue a Writ of Mandamus or any other appropriate Writ or direction declaring the action of the 3rd respondent in y of ''ide Proceedings No. 342/TQL/QTZ/2023 ° rrcrrrSI nr,' “ '"•* situated at Velichelamala Villaae N PkL^I M.:o^ as illegal, arbitrary, violin of Art"le 14 l^aoo A off ' India and violation of principal of natural i’u<!tirrf 1°°'^, ' constitution IA NOMOF 2025 IS of »/2rr.s pending disposal of the main writ petition and pass lA NO: 2 OF 7091^ Dt. 21.12.2023 kUm a , C f®® Velichelamala Village N P. 1 pass^ ' writ petition lA NO: 3 OF 207.^ in the'^affll’n!; ^^"'''"9 '^e circumstances stated in the aft davit filed in support of the petition, the High Court may be pleased No. 7716 of 2025 and consequently dismiss the WP No. 7716 of 2024 and p<;apS lA NO: 4 OF 202^ in thl®ffi!l’'' i'n!; circumstances stated n the affidavit filed in support of the petition, the High Court may be pleased \A/D^M^ pipased to vacate the interim order dated; 05-05-2025 passed in WPNo,7716/2025 and dismiss the writ petition and pass s Counsel for the Petitioner: 1.P NARASIMHULU Counsel for the Responclent(S): an 3 f 1 .V SEETHARAMA AVADHANI 2.GP FOR MINES AND GEOLOGY 3.DIVYADOKKA The Court made the following: ORDER:- Heard Sri P.Narasimhulu, learned counsel for the petitioner, learned Government Pleader for Mines and Geology appearing for the to 4*^ respondents, Sri V.Seetharama Avadhani, learned counsel for the 5*" respondent and Ms. Divya Dokka, learned counsel for the 6^^ respondent. The challenge in the writ petition is to the proceedings of the 3^*^ respondent, transferring the lease in favour of the 6''^ respondent. 2. 3. It is contended that the quarry lease was granted in favour of the petitioner for a period of 20 years in 2017. The same would expire by 17.12.2037. In this regard, the petitioner has obtained the required clearances from the Pollution Control Board. The respondents have granted permission for quarrying. However, vide the impugned proceedings, the same has been transferred in favour of the 6**^ respondent. It is contended that the said proceedings have been issued purporting to be acting on the application made on behalf of the petitioner by the alleged General Power of Attorney (G.P.A.) of the petitioner, one Mr. G.V.S.V.Reddy. It is contended that the petitioner had never executed any G.P.A. in favour of anyone. However, the respondents, without verifying the same, have passed the impugned proceedings. Immediately, 4 on coming to know of the same, the petitioner has made to the respondents on 12.12.2024 seeking a representation cancellation of the said proceedings. However, the respondents have not considered the and the 5‘^ and 6*" respondents have been threatening the petitioner vacate the subject premises. Thus, approached this Court. same to 4. The respondents filed counter affidavit. 5. The learned Government Pleader appearing for the 1"' to 4* respondents would submit that, challenging the revision proceedings, the petitioner has filed a Revision Petition before the 1®‘ respondent. The impugned proceedings have been passed based on the Q.P.A. executed by the petitioner in favour of the 5*^ respondent. On the strength of the said G.P.A., the respondent filed an application seeking transfer of the lease ir favour of the 6‘^ respondent. Therefore, the respondents have acted on the same, and there is no illegality committed by the respondents as alleged by the petitioner. in 6. Having regard to the contentions advanced, this Court do not deem it appropriate to go into the issue of validity or otherwise of the alleged G.P.A. executed in favour of the 5*^ respondent by the petitioner, since the same involves appreciation of evidence and consequential recording of a finding of fact, which this Court while exercising the jurisdiction under Article 226 of the Constitution of India would normally refrain from doing so. 5 f 1. The writ petition is therefore disposed of directing the 1®' respondent to dispose of the Revision Petition filed by the petitioner against the proceedings No.342/TQL/Qtz/2023, dated 21.12.2023, within a period of six (6) weeks from the date of receipt of the order, after providing sufficient opportunity to the petitioner and the unofficial respondents.There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Mines and Geology Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Amaravathi. 2. The Commissioner of Director of Mines and Geology, Ibrahimpatnam, Vijayawada. 3. The District Mines and Geology Officer, Puttparthi District. 4. The Deputy Direction of Mines and Geoiogy, Ananthapur, Sri Satya District. 5. One CC to Sri P. Narasimhulu, Advocate [OPUC] 6. One CC to Sri V. Seetharama Avadhani, Advocate [OPUC] 7. Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh [OUT] 8. One CC to Ms. Divya Dokka, Advocate [OPUC] 9. Two CD Copies Sri Satya Sai Sai Cnr HIGH COURT DATED:04/08/2025 ORDER WP NO. 7716 OF 2025 ^6. and«^ X 16 SEP 2025 J; ^ . Current Section ." ♦ DISPOSING OF THE W.P. WITHOUT COSTS