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2025 DAILYLAW 13398 (AP)

M.Damodar Naidu, v. The State of Andhra Pradesh,

WP/8876/2022 · 2025-03-05

Kiranmayee Mandava

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH i TWO THOUSAND AND TWENTY FIVE | PRESENT 1 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8876 OF 2022 Between: M. Damodar Naidu, S/o M. Narasimhulu, Kondupalli Village, Peddavaduguru Mandal, Anantapuram District, A.P ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Secretary, (Industries and Commerce (Mines-I), Secretariat, Velagapudi, Amaravathi 2. The Director, Department of Mines and Geology, Sri Anjaneya Towers, D.No.7-104, B-Block, 5'^ and Floors Ibrahimpatnam, Vijayawada- 521456 3. The Assistant Director Mines and Geology, Tadipatri, Anantapur District, Andhra Pradesh. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly in the nature of the WRIT OF MANDAMUS declaring that the action of the 3"'^ Respondent in issuing letter vide No.1221180197 dated.31.03.2022 rejecting the issuance of transit permits pertaining to Petitioner's Mining Lease over an extent of 10.09 Acres/4.083 Hectares in Sy. Nos. 1251- A,B,C, 431-3,448-2, 477 & 475-D of Kristipadu (V), Peddavaduguru (M) Anantapur District, A.P for the reason due to non-payment of demanded amount issued vide No.1256/QL/2014, dated.04.02.2022 i.e.an total amount of Rs.68,25,531/- towards penalty. Normal Seignorage Fees, one ; District Mineral Fund, Merit, Consideration respectively, as arbitrary, illegal, . contrary to the provisions of Mines and Minerals (Development and Regulation) Act, 1957, contrary to the A.P. Minor Mineral Concession Rules, 1966 (APMMC Rules), besides being contrary to the orders passed in W.P No.5304 of 2022, violative of Principles of Natural Justice, and f petitioners’ rights guaranteed under Article 14, Article 19 (1) (g) and Article 300 A of the Constitution of India and consequently set-aside the directing the 3 same Respondent to issue transit permits pertaining to Petitioner's Mining Lease over an extent of 10.09 Acres/4.083 Hectares in Sy. Nos.1251-A,B,C, 431-3, 448-2, 477 & 475-D of Kristipadu (V) Peddavaduguru (M) Anantapur District, A.P. lA NO: 1 OF 2022 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3*^^ Respondent herein to issue transit permits pertaining to the Petitioners mining lease, without insisting for the demand issued vide No. 1256/QL/2014, dated.04.02.2022, in terms of the Petitioner's representation dt.30.03.2022, pending disposal of the above writ petition. Counsel for the Petitioner :SRI. S.V.S.S.SIVA RAM Counsel for the Respondent No’s. 1 to 3: GP FOR MINES AND GEOLOGY The Court made the following ORDER: 1 APHC010160752022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] W WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8876/2022 Between: ...PETITIONER M.damodar Naidu AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.S.V.S.S.SIVARAM Counsel for the Respondent(S): 1 .GP FOR MINES AND GEOLOGY The Court made the following: ORDER: Sri S.V.S.S. Siva Ram, learned counsel for the petitioner filed an affidavit of the petitioner, wherein permission is sought for withdrawal of the writ petition with a liberty to avail alternative remedies. 2. Permission is accorded. Accordingly, the Writ Petition is dismissed as withdrawn with a liberty as prayed for. There shall be no order as to costs. 3. 2 As a sequel, all pending miscellaneous applications shall stand ' closed. Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// S-C' SECTION OFFICER To, 1. One CC to SRI. S.V.S.S.SIVA RAM, Advocate [OPUC] 2. Two CCS to GP FOR MINES AND GEOLOGY, High Court Of Andhra Pradesh. [OUT] 3. Three CD Copies PRK HIGH COURT DATED:05/03/2025 ORDER WP.No.8876 of 2022 ^OFANOS^ H 0 UPR 2025 I ^ Current Section . DISMISSING THE W.P. AS WITHDRAWN, WITHOUT