Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 15210 (AP)

EMPERICAL MINERALS v. THE STATE OF ANDHRA PRADESH

WP/9641/2024 · 2025-01-27

K Manmadha Rao

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 9641 OF 2024 t.t Between: aHIh®’]?' Partner, M. Venkata Prasad, S/o. Venkatadas Aged 49 years, D.No.7-1-G9, Plot No. G9, Road No.5F, Panchavati Colony Manikonda Ranga Reddy District-500089. ...PETITIONER AND InH Pradesh Rep. by its Principal Secretary, Industries and Commerce Department, Secretariat, Velagapudi, Amaravati Guntur District. 2. The Director of Mines & Geology, Government of Andhra Pradesh Anjaneya Towers, Ibrahimpatnam Vijayawada, Krishna District. ^ Geology / Divisional Mines & Geology Officer, Chittoor, Chittoor District. I M '^ f^-.'ndystrial Infrastructure Corporation, Rep. by its Vice chairman & Managing Director, I.T. Park, Mangalagiri, Guntur District-522503. 5. The Zonal Manager, A.P. Industrial Infrastructure Corporation Renigunta, Chittoor District. Hu.duun, ...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 an appropriate prayed that this Hon'ble Court writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 1 to 3 in not renewing the petitioners quarry licence in spite of complying with all formalities procedure laid down under Rule 12 of A.P. Concession Rule per the 1966 and of the respondent No.5 in issuing letters vide (5-- Lr.No.ZO/APIIC/LA/TPT/VCIC/Startup Area/2021, Dt.14.06.2023 reminder and Lr.No.ZO/APIIC/LA/TPTA/CIC/Startup Dt.20.06.2023 as illegal arbitrary and violative of Articles 14 and 19 (1) (g) of the Constitution of India and in consequently direct the respondents 1 to Area/2021, in 3 to renew the quarry licence in favour of the petitioner’s firm over extent of 4.686 Hectares in Sy.No.134 of Routhusuramala Village, Thottambedu Mandal of Chittoor District. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court suspend be pleased to the may letter vide Lr.No.ZO/APIIC/LA/TPTA/CIC/Startup Area/2021 reminder Dt.14.06.2023 and Lr.No.ZO/APIIC/LA/TPTA/CIC/Startup Dt.20.06.2023 of the 5^^ respondent, pending disposal of the writ petition. Area/2021, m lANO: 2 0F 2024 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 direct the respondent No.3 to dispose of representation made by the petitioner Dt. 10.05.2023, pending disposal of the writ petition. Counsel for the Petitioner: SRI MANOJ KUMAR BETHAPUDI Counsel for the Respondent Nos.1 to 3 : GP FOR MINES AND GEOLOGY Counsel for the Respondent Nos.4 & 5 : SRI J. UGRANARASIMHA, SC FOR APIIC The Court made the following: ORDER APHC010193152024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 9641/2024 Between: ...PETITIONER Emperical Minerals AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.MANOJ KUMAR BETHAPUDI Counsel for the Respondent(S): 1.J UGRANARASIMHA (SC FORAPIIC) 2.GP FOR MINES AND GEOLOGY The Court made the following: ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “. Pleased to issue an appropriate writ, order or direction more particularly one In the nature of writ of mandamus declaring the action of the respondents 1 to 3 in not renewing the petitioners quarry licence in spite of complying with all formalities per the procedure laid down under Rule 12 of A. P Concession Rules, f t 1966 and of the respondent No. 5 in issuing letters vide Lr.No ZO/APIIC/LyVTPTA/CIC/Startup Area/2021 Dt 14.06.2023 and reminder in Lr.No.ZO/APIIC/LA/TPTA/CIC/Startuparea/2021, Dt 20.06.2023 as illegal, arbitrary and violative of Articles 14 and 19 (1)(g) of the Constitution of India and consequently direct the respondents 1 to 3 to renew the quarry licence in favour of the petitioners firm over extent of 4.686 Hectares in Sy.No 134 of Routhusuramala Village Thottambedu Mandal of Chittoor District and an pass....” Heard Mr Manoj Kumar Bethapudi, learned counsel for the 2. petitioner and Smt P.Sudeepthi, learned Assistant Government Pleader for Mines and Geology appearing for the respondents. During hearing, learned Assistant Government Pleader appearing 3. for the respondents seeks time to file counter. On perusal of the proceeding sheet, it appears that though this Court has given ample opportunity to the respondents for filing counter affidavit, but the respondents did not file counter affidavit till date and they are seeking further time for filing counter affidavit. Hence, as per Rule 12 of the Writ Proceedings Rules the right of filing counter-affidavit by the respondent is forfeited. Learned counsel for the petitioner submits that this Court on 4. 25.04.2024 passed an interim order and requests to make the said interim order as absolute. The interim order granted by this Court on 25.04.2024 reads as follows:- 'Heard the learned counsel for the petitioner. Learned Government Pleader for Mines and Geology seeks time to secure Instructions in the matter. List on 01.07.2024. rd In the meanwhile, there shall be a direction to the 3 respondent to take necessary action on the petitioner’s representation, dated 10.05.2023, strictly in accordance with law”. 5. In view of the request made by learned counsel for the petitioner, this Court deems it fit to dispose of the writ petition by making the interim order dated 25.04.2024 as absolute. 6. Accordingly, this Writ Petition is disposed of while making the interim order granted by this Court, dated 25.04.2024 as absolute, directing the 3'^'^ respondent to take necessary action on the petitioner’s representation. dated 10.05.2023 within a period of three (3) months from the date of receipt of a copy of this order by taking into consideration G.O.Ms.No.25 Industries and Commerce (Mines-lll) Department, dated 06.04.2023. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Industries and Commerce Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Director of Mines & Geology, Government of Andhra Pradesh Anjaneya Towers, Ibrahimpatnam Vijayawada, Krishna District. 3. The Deputy Director of Mines & Geology / Divisional Mines & Geology Officer, Chittoor, Chittoor District. f 4. The Vice chairman & Managing Director, A.P. Industrial Infrastructure Corporation, I.T. Park, Mangalagiri, Guntur District-522503. The Zonal Manager, A.P. Industrial Infrastructure Corporation, Renigunta, Chittoor District. One CC to Sri Manoj Kumar Bethapudi, Advocate [OPUC] Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh. [OUT] One CC to Sri J. Ugranarasimha, SC for APIIC (OPUC) Three C.D. Copies. 5. 6. 7. 8. 9. Cnr A HIGH COURT DATED:27/01/2025 ORDER WP.No.9641 of 2024 g 0 6 FEB 2025 S toesPATC«S DISPOSING THE W.P. WITHOUT COSTS