APHC010199102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 10568/2025 Between: 1. SABBAVARAPU MAHESHWARA RAO, S/O. LATE MUTHYALA NAIDU, AGED ABOUT 67 YEARS, OCC FARMER, R/O. 51-10-583, BANGARAMMA COLONY, SALUR, PARVATHIPURAM MANYAM DISTRICT-535 591 2. SABBAVARAPU KISHORE, S/O. SABBAVARAPU MAHESHWARA RAO, AGED ABOUT 41 YEARS, OCC. FARMER, R/O. 51-10-583, BANGARAMMA COLONY, SALUR, PARVATHIPURAM MANYAM DISTRICT-535 591 3. VENKATA PAPA RATNAM, W/O. SABBAVARAPU MAHESHWARA RAO, AGED ABOUT 57 YEARS, OCC. HOUSEWIFE, R/O. 51-10-583, BANGARAMMA COLONY, SALUR, PARVATHIPURAM MANYAM DISTRICT-535 591 4. SABBAVARAPU SRIDHAR, S/O. SABBAVARAPU MAHESWARA RAO, AGED ABOUT 35 YEARS, OCC. SOFTWARE ENGINEER, R/O. 51-10-583, BANGARAMMA COLONY, SALUR, PARVATHIPURAM MANYAM DISTRICT-535 591 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MINES AND GEOLOGY SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2 2. THE DIRECTOR OF MINES AND GEOLOGY, STATE OF ANDHRA PRADESH, AMARAVATI, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, MANYAM DISTRICT. 4. THE JOINT COLLECTOR, MANYAM DISTRICT. 5. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY, MANYAM DISTRICT. 6. THE TAHSILDAR, SALUR MANDAL, MANYAM DISTRICT. 7. THE TAHSILDAR, PACHIPENTA MANDAL, MANYAM DISTRICT. 8. M/S NAVADURGA STONE CRUSHERS, REP. BY ITS MANAGING PARTNER N. SRINIVASA RAO, DOOR NO. 42-1-146, VEDASAMAJAM STREET, SALUR VILLAGE AND MANDAL, ...RESPONDENT(S): Counsel for the Petitioner(S): 1. DIVYA.V Counsel for the Respondent(S): 1. GP FOR REVENUE 2. CH VENKATA CHALLA RAO 3. GP FOR MINES AND GEOLOGY The Court made the following: ORDER: Heard Smt. V. Divya, learned counsel for the petitioners, learned Government Pleader for Mines and Geology, learned Assistant Government Pleader for Revenue and the learned counsel appearing for the unofficial respondents. 2. The grievance of the writ petitioners is that, the respondent No.4 granted quarry lease in respect of the subject lands without obtaining no 3 objections from the petitioners, whose lands have been abutting the quarry lease area. 3. It is contended that the petitioners are the absolute owners of the subject property in an extent of Ac.39.00 cents located in Sy.Nos.531 & 82P of Salur Revenue Mandal of P. Konavalasa and Neliparthi Village, Manyam District. The unofficial respondent has applied for stone quarry lease over an extent of 4.00 hectares (Ac.09.88 cents) in Sy.No.531. The quarry lease was initially granted in the name of respondent No.8 for quarrying road metal and building stone, for a period of 15 years with effect from 04.04.2022 to 03.04.2037. The petitioners contend that the grant of said quarry license is in violation of the provisions of G.O.Ms.No.107. 4. Learned counsel for the petitioners submits that the Tahsildar vide his report, dated 03.06.2024 addressed to the Assistant Director, Mines and Geological Department stated that, the nature of subject land is hillock and Gram Panchayat of P. Konavalasa and Nelliparthi Village did not pass any resolution granting no objection for grant of quarry lease for road metal and building stone and that there are no villages nearby. Thus contends that in the light of the said report of the Tahsildar, it cannot be considered that the petitioners have no objection for issuance of the said licenses in favour of the unofficial respondents. Learned counsel for the petitioners further submits that the petitioners’ lands are within 500 meters from the subject quarry areas and the quarry operations over said area would affect the adjoining lands belonging to the petitioners and would cause damage to the crops. 4 5. Learned Government Pleader for Mines and Geology appearing for the respondents submit that entire land in Sy.No.531 is the Government land. Since the entire survey number is Government land, there is no necessity to obtain No Objection Certificate from the petitioner. He further submits that G.O.Ms.No.107 has been superseded by G.O.Ms.163. In terms of the said G.O., the license was rightly granted in favour of the unofficial respondents. 6. Learned counsel appearing for the unofficial respondent No.8 submits that lease was in favour of the respondent No.8 and they have installed all safety measures while quarrying and that they have obtained all environmental clearances from the State Environmental Impact Assessment Authority (SEIAA), and Pollution Control Board has also granted Consent For Establishment (CFE) and Consent For Operate (CFO). It is further stated that as per the inspection report of the Tahsildar, there is no cultivation by the petitioners. 7. Considered the rival submissions. The main grievance of the petitioners is that the respondents ought to have obtained no objection from the petitioners in terms of G.O.Ms.No.107. A perusal of G.O.Ms.No.107, dated 30-07-2016 it reflects that it does not provide for obtaining of no objection from the owners of adjacent lands. Relevant clauses of the said G.O., read as follows: “6. In furtherance to the objective of expediting disposal of Mineral concession applications and in supersession of the orders issued in the 5 G.O. vide reference 3rd cited, the following instructions are issued for strict compliance by all the officers of the Government at different levels:- (i) Immediately after receipt of application, the Assistant Director of Mines & Geology shall fix a date for inspection and survey & demarcation of the area applied for and send one set of application to the Tahsildar concerned to report on the category of the land and availability of the land for grant of Leases. (ii) The Tahsildar will send his report to the Assistant Director of Mines & Geology within a period of 30 days duly marking a copy of his report to the District Collector. The report of the Tahsildar, need not be rooted through the intermediate level of Revenue Divisional Officer/ Sub-Collector. (iii) In respect of the Revenue lands adjoining or within 500 mts., distance from the R.F. boundary, the Tahsildar shall issue NOC after obtaining no objection report from the Divisional Forest Officer concerned. (iv) In respect of Assigned lands/Patta lands, the Tahsildar shall indicate the names of the Assignees/Pattadars based on the latest land records for obtaining consent from them.” 8. Having regard to the same, since the subject land is stated to be Government land and none of the above contingencies have been pointed, this Court is not inclined to interfere, to grant the relief as sought by the petitioners. However, it is needless to observe that the unofficial respondent No.8 shall take all safety measures as provided under law, and shall adhere to the license conditions, and shall take all safety and environmental measures while conducting quarry operations. 6 9. With the above observation, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 03.07.2025 MSI