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High Court of Andhra Pradesh · body

2025 DAILYLAW 13892 (AP)

VARSHA AND CO v. THE STATE OF ANDHRA PRADESH

WP/8735/2025 · 2025-04-10

Kiranmayee Mandava

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

. 1 IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) THURSDAY. THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8735 OF 2025 Between: Varsha and Co, Rep. by its Prop M S Varsha D/o Srinivasan, Age 21 years, occ Business, R/o D No 8/113, Periyar Nagar, Naranmbedu, Sholavaram, Tiruvallur, Tamilnadu. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Industries and Commerce (Mines) Department Block- III, Velagapudi AP Secretariat, Amaravati. 2. The District Mines and Geology Officer (DMGO), Chittoor, Chittoor District. 3. The Tahsildar, Vijayapuram Manda^ Chittoor District. ...RESPONDENTS 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 a WRIT OF MANDAMUS declaring the in action on the % classification and availability of land and Geo-coordinates of the applied area (NOC) over an extent of 4.000 hectares in Sy. Nos 188/2 to 9 of Maharajapuram Village, Vijayapuram Mandal, Chittoor District to be issued by 3"'^ Respondent pursuant to Application dated, 24-08-2024 filed Petitioner for grant of Temporary Permits for lifting and transportation of ordinary earth, despite request made by the 2'"'^ Respondent in Lr. No. 2281/TP/2024, dt. 01-10-2024 as arbitrary, illegal, irrational, in violation of Principles of Natural justice, contrary to GOMs No. 107 Industries and Commerce (Mines-ll) Department, dt.30-07-2016 and A.P. Minor Mineral Concession Rules, 1966 R/w MM (D&R) Act, 1957 apart from violation of fundamental rights guaranteed under Art. 14, 19 and 300-A of Constitution of India. by 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 3'^*^ Respondent to forthwith furnish/communicate the report as regards classification and availability of land and coordinates of the applied area (NOC) in terms of Lr. No. 2281/TP/2024, dt. 01-10-2024 addressed by 2^^^ Respondent pending WP. Counsel for the Petitioner{s): SRI G.RAJA BABU Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following: ORDER Geo- % APHC010169752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY. THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8735 of 2025 Between: ...Petitioner Varsha And Co. AND ...Respondents The State of Andhra Pradesh and others G Raja Babu Counsel for the Petitioner: GP for Revenue Counsel for the Respondents: GP for Mines and Geology The Court made the following order; Heard Sri G.Raja Babu, learned counsel for the petitioner, Smt. Sudeepthi Potiuri, learned Assistant Government Pleader for Mines and Geology and learned Assistant Government Pleader for Revenue appearing for the respondents. The petitioner's grievance is against the inaction of the 3'^'^ respondent in communicating the report as regards the classification and availability of land, as well as the geo-coordinates of the area over which the petitioner has made a application for grant of permit for lifting and transporting of ordinary earth, in 2. IP an extent of 4.000 hectares in Sy.No. 188/2 to 9 of Maharajapuram Village Vijayapuram Mandal, Chittoor District. 3. The petitioner is engaged in the business of construction of roads and site filling activities. It is contended that Ms. L&T has been awarded a contract of laying 6 lane road from Punnapakappam to Thiruvallur Bypass. L&T in turn awarded the petitioner a contract for supply of ordinary earth for their project. In pursuance thereof, the petitioner has approached the 2"^ respondent vide application dated 24.08.2024 for grant of temporary permit for lifting and transportation of ordinary earth. The said application was forwarded to the 3 respondent, for his report. The 3^^^ respondent has however did not send any report in the said regard to the 2"^^ respondent. rd 4. It is contended that in terms of G.O.Ms.No.107 dated 30.07.2016, more particularly the Clause 6(i) and (ii) of the said G.O., the respondent is under an obligation to submit his report within 30 days. Since the said report is not yet submitted the 2^’^ respondent has not passed any orders on the application of the petitioner. Today, when the matter is taken up for admission, the learned Assistant Government Pleader for Mines and Geology appearing for the respondents placed on record a copy of the report received from the 3'^'^ respondent stating that the villagers have objected to the grant of quarrying of ordinary earth in the subject lands, stating that the roads would be damaged if the quarry lease 5. is granted. Hi Having regard to the contentions advanced, this Court deems it respondent to pass appropriate orders on the 6. nd appropriate to direct the 2 application filed by the petitioner dated 24.08.2024, seeking temporary permits for lifting and transportation of ordinary earth, in accordance with the law. within a period of four weeks from the date of receipt of this order. Accordingly, the Writ Petition is disposed of. There shall be no order as 7. to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Industries and Commerce (Mines) Department Pradesh, Velagapudi AP Secretariat, 1. The Principal Secretary Block- III, State of Andhra Amaravati. and Geology Officer (DMGO), Chittoor, Chittoor 2. The District Mines District. 3. The Tahsildar, Vijayapuram Mandai Chittoor District. 4. One CC to Sri G.Raja Babu, Advocate [OPUC] GP for Mines and Geology, High Court of Andhra Pradesh. 5. Two CCs to [OUT] 6. Two C.D Copies MBT p HIGH COURT DATED:10/04/2025 ORDER WP.No.8735 of 2025 I’ M APR2C25 I Current ^Op-«j Its DISPOSING THE W.P WITHOUT COSTS