IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATj^s^oHR^S (Special Original Jurisdiction) /A f v*. of %A *r \OS^: ■ /* i L r-« FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE - :.1> k- ’W'*' 5 • \ X \ --V' PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 13157 OF 2025 Between: Kudithipudi Raghu, S/o. Jagannadha Rao, Aged about 47 years, R/o 4-69- 8/5, Beside Ravindra Bharati School Visakhapatnam Lawsons Bay Colony, ...Petitioner AND 1. The State of AP, represented by its Secretary, Industries and Commerce Department, Secretariat Buildings, Velagapudi, Guntur District. 2. Director of Mines and Geology, Andhra Pradesh, Ibrahimpatnam Krishna District. 3. Deputy Director of Mines and Geology, Visakhapatnam, Visakhapatnam District. 4. District Mines and Geology Officer, (formerly Asst. Director of Mines and Geology). Visakhapatnam, Visakhapatnam District. 5. Kotapati Priya Darshini, D/o. Janardhana Rao, Plot No. 913, Ayyapa Society Madhapur, Shaikpet, Hyderabad, Telangana - 500081. ...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 considering the mining lease application of the petitioner, dated 20-9-2021 in respect of the land admeasuring Ac.4-00 hectares in Sy.No.109 situated at Mamidipalem Village, Anakapalli Mandal, Visakhapatnam District and the proceedings in Notice No. 1992/e- Auction/AKP/2023 dated 28.10.2023 issued by District Mines and Geology Officer, Visakhapatnam as wholly illegal, arbitrary, violative of Articles 14 and 19 of the Constitution of India apart from being violative of A.P. Minor Mineral Policy, 2025 and consequently declare that the petitioner is entitled for consideration of his mining lease application, dated 20.9.2021 for grant of mining lease over an extent of Ac.4-00 hectares in Sy.No.109 situated at Mamidipalem Village, Anakapalli Mandal, Visakhapatnam District. 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 Respondents to consider the mining lease application of the petitioner, dated 20-09-2021 for grant of mining lease over an extent of Ac.4-00 hectares in Sy.No.109 situated at Mamidipalem Village, Anakapalli Mandal, Visakhapatnam District by disposing of the representation dated 19.04.2025. lA NO: 2 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 suspend the proceedings in Notice No. 1992/e- Auction/AKP/2023 dated 23.10.2023 issued by District Mines and Geology Officer, Visakhapatnam. Counsel for the Petitioner: SMT. ADAPA RAMYA SAHITHI NAIDU Counsel for the Respondent No.1: GP FOR INDUSTRIES COMMERCE Counsel for the Respondent Nos. 2 to 4: GP FOR MINES & GEOLOGY Counsel for the Respondent No.5: NONE APPEARED The Court made the following: APHC010262592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 13157 of 2025 Between: Kudithipudi Raghu ...Petitioner AND The State of AP and others Counsel for the Petitioner: Counsel for the Respondents: ...Respondents Adapa Ramya Sahithi Naidu GP for Industries Commerce GP for Mines and Geology The Court made the following order: Heard Sri Kondaveeti Ravi, learned Senior Counsel representing Ms. Adapa Ramya Sahithi Naidu, learned counsel for the petitioner and Smt. Sudeepthi Potiuri, learned Assistant Government Pleader for Mines and Geology appearing for the respondents. With the consent of both the learned counsel the writ petition is disposed of at the stage of admission. 2. Challenging the action of the respondents in not considering the mining lease application of the petitioner dated 20.09.2021 over an extent of Ac.4.00 hectares in Sy.No.109, Mamidipalem, Village, Anakaplli mandal Visakhapatnam District and the proceedings dated 28.10.2023 issued by the 4*^ respondent, the instant writ petition is filed. 2 4^ It is contended that the petitioner filed an application on 20.09.2021 for the grant of a mining lease in respect of the subject land. The said application was rejected vide proceedings dated 31.03.2023, in accordance with G.O.MS No. 13 dated 14.03.2022. The petitioner challenged the said rejection order by way of a writ petition in W.P.No. 12978 of 2023, and the same is pending. 3. 4. It is further submitted that G.O.Ms.N0.13 made the all pending applications as on 13.03.2022 ineligible, except the ones where a Letter of Intent was already given. However, this Court in its judgment in W.P.No.19459 of 2020 and batch of cases, filed challenging the provisions of G.O.Ms.No.13 dated 13.03.2022, observed that the Rule, making pending applications ineligible, is not retrospective, but can only be prospective. 5. In pursuance of this, the Government has issued G.O.Ms.No.57, Industries & Commerce (M.ll) Department, dated 18.04.2025, formulating a mining policy. The said G.O. provides that all pending applications of 13.03.2022 shall be considered for the grant of a lease, subject to the conditions specified The relevant provisions of the policy is; new as “5. Policy Features 5.1 Disposal of Pending Applications: i. All pending applications as on 13.03.2022 shall be considered for grant of lease, provided that the area is free for grant as on the date of issue of government orders and the applicant pays 1 time of Annual Dead Rent (ADR) as a security deposit within 3 months. 3 //. The applicant shall pay the security deposit only after verifying the title, nature and classification of land and ensuring that the free from encumbrances, based on relevant revenue records. Hi. The security deposit shall not be refundable under any circumstances and will be adjusted towards premium amount payable, iv. Applicants must pay 3 times of ADR for issue of Letter of Intent (LOI) and 2 times of ADR for issue of Grant of Quarry Lease as premium amount. V. Additionally, the leases shall pay 10% of the Seigniorage Fee as an additional amount during dispatch, vl. These applications are only eligible for issue of LOI for a period of 1 year from the date of issue of Government orders, vii. The applications where the LOIs are not issued within the stipulated period shall be treated as ineligible and shall be disposed of in accordance with the prevailing policy at that time, via. For Limestone Slabs, 3 times of Annual Dead Rent shall be charged as premium amount instead of 5 times of premium amount, which shall be paid in two equal Instalments. Further the payment of additional amount of 10% of Seigniorage Fee is not required. ” area is 6. Pursuant to the said G.O., the petitioner made a representation to the authorities on 19.04.2025, seeking appropriate orders in terms of G.O.Ms.No.57, Industries & Commerce (M.ll) Department, dated 18.04.2025. Since his application was pending for consideration as of 13.03.2022. The learned counsel for the petitioner further submits that the respondents may be directed to consider his representation dated 19.04.2025 and pass appropriate orders. 7. Having regard to the contentions advanced, this Court deems it appropriate to direct the 4^^ respondent to consider the representation dated 19.04.2025 of the petitioner and pass appropriate orders within a period of four weeks from the date of receipt of this order. 4 Accordingly, the writ petition is disposed of. There shall be no order as 8. to costs. As a sequel, miscellaneous applications, if any pending, shall also stand closed. Sd/- G HELA NAIDU ASSISTANT REGjSTRAR //TRUE COPY// SE OFFICER To, 1. The Secretary, State of AP, Industries and Commerce Department, Secretariat Buildings, Velagapudi, Guntur District. 2. Director of Mines and Geology, Andhra Pradesh, Ibrahimpatnam, Krishna District. 3. Deputy Director of Mines and Geology, Visakhapatnam, Visakhapatnam District. 4. District Minea.,and Geology Officer, (formerly Asst. Director of Mines and Geology). Visakhapatnam, Visakhapatnam District. 5. Kotapati Priya Darshihir D/o. Janardhana Rao, Plot No. 913, Ayyapa Society Mcidhapur, Shaikpet, Hyderabad, Telangana - 500081. 6. One CC to Smt. Adapa Ramya Sahithi Naidu, Advocate [OPUC] 7. Two CCs toGP FOR INDUSTRIES COMMERCE, High Court Of Andhra Pradesh. [OUT] 8. Two CCs to GP FOR MINES AND GEOLOGY, High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies ■> - > ■ sree ' .1^ HIGH COURT DATED:09/05/2025 ORDER WP.No.13157 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS