■J APHC010182952024 IN THE HIGH COURT OF ANDHRA PRADE AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTH DAY OF AUGUST V TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 9896 OF 2024 Between: K.Narayanappa,. S/o,K. Nagappa Aged about 74 years, R/o.H.No.22- 194/A, Near Panchamukhi Anjaneya Swamy Temple Kavenpet Village, Adoni Mandal, Kumool District. Rep. by his GPA holder Sri G.P. Pooma Chandar, S/o. late G.P.Sreeramulu, Aged about 53 years, R/o.PlotNo.63, Road No.4, Rangareddy District. Madhura Nagar Colony, Mansoorabad, ...Petitioner AND 1. The State of Andhra Pradesh, represented by its Principal Secretary, Industries and Commerce Department Velagapudi, Guntur District. 2. Director of Mines and Geology, Government of Andhra Pradesh, Anjaneya Towers, Ibrahimpatnam, Vijayawada, Krishna District. 3. District Mines and Geology Officer, Kumool, Kumool District 4. Assistant Director of Mines AndhraPradesh, Kumool, Kumool District. Secretariat Buildings and Geology, Governmentof ...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, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not issuing dispatch permits on the ground that he has failed to produce EC is wholly illegal, violative of Articles 14 and 19 of the Constitution of circular issued by the Ministry of Environment and Forest and declare that the Petitioner is entitled for issuance of dispatch permits without submission of EC. India and also consequently lA NO: 1 OF 2024 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 to issue dispatch permits to the Petitioner herein for the mining lease for quartz mineral for an extent of 4.874 hectares in Sy.No. 915/A/2 situated in Hattibelagal Village, Alur Mandal, Kumool District. Counsel for the Petitioner: SRI HEMANTH KUMAR VEMURI Counsel for the Respondent No.1: GP FOR INDUSTRIES Counsel for the Respondent Nos.2 to 4: GP FOR MINES AND GEOLOGY The Court made the following order: COMMERCE 1 APHC010182952024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 9896/2024 Between: 1.K.NARAYANAPPA,, S/0,K. NAGAPPA AGED ABOUT 74 YEARS, NEAR PANCHAMUKHI ANJANEYA SWAMY ADONI MANUAL, KUMOOL SRI G.P. POOMA AGED ABOUT 53 MADHURA NAGAR R/O.H.N0.22-194/A, TEMPLE, DISTRICT. CHANDAR, YEARS, COLONY, MANSOORABAD, RANGAREDDY DISTRICT. KAVENPET VILLAGE, REP. BY HIS GPA HOLDER S/0. LATE G.P.SREERAMULU R/0.PL0TN0.63, ROAD N0.4, ...PETITIONER AND STATE OF ANDHRA PRADESH, REPRESENTED BY ITS INDUSTRIES AND COMMERCE SECRETARIAT BUILDINGS, 1.THE PRINCIPAL SECRETARY, DEPARTMENT GUNTUR DISTRICT. VELAGAPUDI, 2.DIRECTOR OF MINES AND GEOLOGY, GOVERNMENT OF ANDHRA ANJANEYA TOWERS VIJAYAWADA, KRISHNA DISTRICT. 3.DISTRICT MINES AND GEOLOGY OFFICER, KUMOOL, KUMOOL DISTRICT 4.ASSISTANT DIRECTOR OF MINES GOVERNMENTOF ANDHRAPRADESH, DISTRICT. IBRAHIMPATNAM, PRADESH, AND GEOLOGY, KUMOOL, KUMOOL ...RESPONDENT(S): 2 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, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not issuing dispatch permits on the ground that he has failed to produce EC is wholly illegal, violative of Articles 14 and 19 of the Constitution of India and also circular issued by the Ministry of Environment and Forest and consequently declare that the Petitioner is entitled for issuance of dispatch permits without submission of EC and pass lA NO: 1 OF 2024 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 may be pleased to direct the Respondents to issue dispatch permits to the Petitioner herein for the mining lease for quartz mineral for an extent of 4.874 hectares in Sy.No. 915/A/2 situated in Hattibelagal Village, Alur Mandal, Kumool District and pass Counsel for the Petitioner: 1.HEMANTH KUMAR VEMURI Counsel for the Respondent(S): 1.GP FOR INDUSTRIES COMMERCE The Court made the following: ORDER:- Heard Sri Hemanth Kumar Vemuri, learned counsel for the petitioner and the learned Government Pleader for Industries & Commerce, appearing for the respondents. 2. Challenging the action of the respondents in not issuing dispatch permits for the quarry lease held by the petitioner over an extent of 4.874 hectares in Sy.No.915/A/2 in Hattibelagal Village, Alur Mandal, Kurnool 3 District, on the ground that the petitioner has failed to produce Environmental Clearance (EC) from the Pollution Control Board (PCB). The learned counsel for the petitioner submits that in view of the 3. Office Memorandum dated 04.02.2013 issued by the Government of India, Ministry of Environment and Forests, which states that if the leased area is less than 5 hectares, there is no requirement to produce Environmental Clearance (EC) for mining of major minerals as per the EIA Notification, 2006 either from the State Government or the Central Government. In the said context, the learned counsel appearing for the 4. respondents submits that the petitioner has to approach the authorities and make a representation in light of the circular of 2013. Having regard to the submissions made on behalf of both learned counsel, liberty is granted to the petitioner to approach the 2'"'^ respondent by way of a representation, seeking appropriate orders regarding the submission of Environmental Clearance (EC) and Consent for Establishment (CFO), in accordance with the governing guidelines issued by the Ministry of Environment and the authorized department. Upon filing of such an respondent is directed to pass appropriate orders in accordance with the circular/notification of the Government of India on the 5. nd application, the 2 within a period of six (6) weeks from the date of filing the issue representation. 4 With the above direction, the Writ Petition is disposed of. There 6. shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- K TATA RAO deputy registrar c/^lO^^lCER //TRUE COPY// SE To, 1. The Principal Secretary, Industries and Commerce Department Secretariat Buildings, Velagapudi, Guntur District. 2. Director of Mines and Geology, Government of Andhra Pradesh, Anjaneya Towers, Ibrahimpatnam, Vijayawada, Krishna District. 3. District Mines and Geology Officer, Kumool, Kumool District 4. Assistant Director of Mines and Geology, Governmentof Andhra Pradesh, Kumool, Kumool District. 5. One CC to Sri. Hemanth Kumar Vemuri, Advocate [OPUC] 6. Two CCs to GP For Industries and Commerce, High Court of Andhra Pradesh [OUT] 7. Two CCs to GP For Mines and Geology, High Court of Andhra Pradesh [OUT]. 8. Two CD Copies. AL HIGH COURT DATED:05/08/2025 ORDER WP NO. 9896 OF 2024 =Ef 12 SEP 2025 o DISPOSING OF THE W.P. WITHOUT COSTS