IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATl (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7575 OF 2025 Between: B^ita Industries Ltd., Rep., by its Director/Authorized Representative P:Tirupathaiah, S/o.Suraiah, Having its unit at Sy.No.82-1, Kambadur Villaqe and Mandal, Ananthapura District. ...PETITIONER AND of Andhra Pradesh, rep., by its Principal Secretary, Mines ^nd Geology Department, Secretariat Buildings, Velaqapudi Amaravati Guntur District. 2. The Director of Mines and Geology, Government of Andhra Pradesh ^ Ibrahimpatnam, Krishna District. 3. The Deputy Director of Mines, Ananthapuramu, Ananthapur District. 4. The District Mines and Geology Officer, Puttaparthi, Sri Sathya Sai . District. ^ Mineral LLP, rep., by its Partner, Having office at Flat No Palace,Ramnagar, Anantapur Andhra Pradesh, India - 515001. ...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 an appropriate Writ, Order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.2 to 4 in demanding Dead Rent and Interest for the years 2023- 2024 and 2024-2025 an amount of Rs.66,65,039/- (Rs.49,79,000/- towards Dead Rent and Rs. 16,86,039 towards Interest) for annual fee for the lease of the mine without issuing the equivalent may more ir h dispatch permits, eventhough seigniorage charges have been paid to the respondent No.5 herein as per G.O.Ms.No.63, Industries, Commerce and Mines Department, dated 02.08.2021 for the dispatch permits issued by the respondent No.5, as illegal, arbitrary, contrary to Rule 10(4) of the Andhra Pradesh Minor Mineral Concession Rules, 1966 apart from being violative of the fundamental rights guaranteed to me under Articles 14, 19, 21 and 3 00-A of the Constitution of India and consequently declare that the respondents cannot demand the Dead Rent alongwith interest for the Financial Years 2023-2024 and 2024- 2025 to a tune of Rs.66,65,039/- (Rs.49,79,000/- towards Dead Rent and Rs. 16,86,039 towards Interest) from the petitioner for its mine for Colour Granite over an extent of 19.150 Hectors in Sy.No.82-1, Kambadur Village and Mandal, Ananthpuram District and direct the respondents No.2 to 4 not to demand the same. lA NO: 1 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 not to insist for payment of Dead Rent along with interest Financial Years 2023-2024 and 2024- 2025 to a tune of Rs.66,65,039/- (Rs.49,79,000/- towards Dead Rent and Rs. 16,86,039 towards Interest) from the petitioner, for renewal of the annual licensee from the petitioner for its mine for Colour Granite over an extent of 19.150 Hectors in Sy.No.82-1, Kambadur Village and Mandal, Ananthpuram District, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent Nos.1 to 4 ; GP FOR MINES AND GEOLOGY Counsel for the Respondent No.5 : NONE APPEARED The Court made the following: ORDER APHC010147992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7575 of 2025 Between: Benita Industries Ltd ...Petitioner AND The State of Andhra Pradesh and others ...Respondents Counsel for the Petitioner: 1. B. Abhay Siddhanth Mootha Counsel for the Respondent(S): 1. GP for Mines and Geology The Court made the following order: The present writ petition is filed challenging the proceedings of the respondent Nos.2 to 4 in raising demand for payment of Dead Rent and Interest for the years 2023-2024, 2024-2025 and 2025-2026. 2. Heard Sri Vivek Chandra Sekhar, learned counsel representing Sri B.Abhay Siddhanth Mootha, learned counsel for the petitioner and Smt. Sudeepthi Potiuri, learned Government Pleader for Mines and Geology appearing for the respondents. With the consent of both the learned counsel, the writ petition is disposed of at the stage of admission. 3. The demand raised is as under; Amount Particulars Dead Rent Year Actual Payable Dead Rent Previous Balance Amount Payable Dead Rent Income Tax LA Cess Interest on LA (C) (A) (B) C=A-B 2023-2024 2489500.00 -622325.80 2489500.00 0.00 957.50 354.28 1142578.19 2024-2025 2489500.00 0.00 2489500.00 0.00 957.50 354.28 543461.26 2025-2026 2489500.00 0.00 2489500.00 0.00 957.50 354.28 0.00 Total 7468500.00 -622325.80 7468500.00 0.00 2872.50 1062.84 1686039.45 4. However, today when the matter is taken up for admission, Smt. Sudeepthi Potiuri, learned Government Pleader for Mines and Geology appearing for the respondents has placed on record a copy of the written instructions received from the District Mines Anantapuramu. A perusal of the same would reflect that and Geology Officer, as per the finalized MRAs, the petitioner has to pay following mineral revenue arrears and Advanced Dead Rent for the year 2025-2026 as detailed hereunder; Particulars for the year D.R/S.F (in Rs) L.A Cess on L.A (in Rs) Interest (in Rs) Total (in Rs) (in Rs) M.R Dues up to for the year 2024-25 5,02,983/- (+)16281/- (+)6023/- 5,18,423/- 10,21,406/- Advance dead rent for the year 2025-26 24.89,500/- 958/- 354/- Interest applicable 24,90,812/- 5. The written instructions of the District Mines and Geology Officer, Anantapuramu, are placed on record. 6. Learned counsel appearing for the petitioner submits that the petitioner is willing to pay the total pending demand as stated in the written e instructions sent to the Government Pleader in the case. Learned counsel for the petitioner further requests that upon such payment, the 4“" respondent may be directed to renew the mining license for the year 2025-26. 7. Considered the submissions. Upon payment of the arrears as stated by the District Mines and Geology Officer, Anantapuramu, in his written instructions sent to the learned Government Pleader for Mines and Geology, the 4^*" respondent shall consider and process the renewal of the petitioner’s mining license for the year 2025-26. 8. 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/-A. ViJAYA BA3U assistant registrar //TRUE COPY// To, SECTION OFFICER Andh'^fpSfh^ecreiariLTI^I^^^^^^ Department, State of District. ’ Buildings, Velagapudi, Amaravati, Guntur of Andhra Pradesh, , Ananthapur District. Puttaparthi, Sri Sathya Sai 5. "T sSitPatece office at Flat No 515001 Anantapur Andhra Pradesh, India - 6. One CC to Sri B.Abhay Siddhanth Mootha, ‘° Geology, High Court 8. Three C.D. Copies. 39'^ Geology, Government Ibrahrmpatnam, Krishna District. '^''“"iment 3, The Deputy Director of Mines, Ananthapuramu Advocate (OPUC] of Andhra Pradesh. Cnr HIGH COURT DATED:02/04/2025 ORDER WP.No.7575 of 2025 ® 0 3 APR 2025 g °“™n Seciion . •§ DISPOSING OF THE W.P. WITHOUT COSTS