M/s. Sumanth Minerals, v. The State of Andhra Pradesh,
WP/13194/2025 · 2025-05-08
Kiranmayee Mandava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19030 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19030 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010263572025
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 13194 Between: M/s. Sumanth Minerals The State of Andhra Pradesh and Counsel for the Petitioner: Counsel for the Respondent The Court made the following order:
Heard Sri K Naveen Kumar Smt. Sudeepthi Potluri, 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 s
2. Challenging the action of the respondents lease on the application of the petitioner dated 30.01.2018 to quarry Dolomite, Latarite & Calcite, over an extent of 1 Village, Peedavaduguru Mandal, Ananthapuramu petition is filed. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 13194 of 2025 ... AND Andhra Pradesh and others ...Respondents Counsel for the Petitioner:
K Naveen Kumar Counsel for the Respondents:
GP for Mines and Geology The Court made the following order: K Naveen Kumar, learned counsel for the petitioner and Smt. Sudeepthi Potluri, 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. the action of the respondents in not granting the quarry lease on the application of the petitioner dated 30.01.2018 to quarry Dolomite, an extent of 14.000 hectares in Sy.No.200, Village, Peedavaduguru Mandal, Ananthapuramu District, the instant writ IN THE HIGH COURT OF ANDHRA PRADESH [3458] THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA ...Petitioner Respondents K Naveen Kumar GP for Mines and Geology , learned counsel for the petitioner and Smt. Sudeepthi Potluri, learned Assistant Government Pleader for Mines and Geology appearing for the respondents. With the consent of both the learned granting the quarry lease on the application of the petitioner dated 30.01.2018 to quarry Dolomite, , Ravuludiki District, the instant writ
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3. It is contended that the petitioner filed an application on 30.01.2018 seeking grant of lease to quarry Dolomite, Latarite & Calcite in respect of the subject land. However, the said application has not been disposed of. 4.
The Government has now formulated new Minor Mineral Policy, 2025 vide G.O.Ms.No.57, Industries & Commerce (M.II) Department, dated
18.04.2025. As per the said G.O. all pending applications as of 13.03.2022 shall be considered for the grant of a lease, subject to the conditions specified. The relevant clause of the Policy provides as follows:
“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 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. ii. The applicant shall pay the security deposit only after verifying the title, nature and classification of land and ensuring that the area is free from encumbrances, based on relevant revenue records. iii. The security deposit shall not be refundable under any circumstances and will be adjusted towards premium amount payable. 3 KM,J W.P.No.13194 of 2025
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. vi. 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 LOls 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. viii.
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.”
5. The clause 5.2.2 of the G.O., deals with grant of leases for Industrial Mining Mineral, which provides as under:
“Grant of Leases for Industrial Minerals in Govt Lands - Auction Mode a. Industrial Minerals are as follows:
"1. Agate, 2. Ball Clay, 3. Calcareous Sand, 4. Calcite, 5. Chalk, 6. China Clay, 7. Clay (Others), 8. Corundum, 9. Diaspore, 10. Dolomite, 11. Dunite/ Pyroxenite, 12. Felsite, 13. Fireclay, 14. Fuschite Quartzite, 15. Gypsum,
16. Jasper, 17. Kaolin, 18. Laterite, 19. Limekankar, 20. Ochre, 21. Pyrophilite, 22. Quartzite, 23. Sand (Others),
24. Shale, 25. Silica Sand, 26. Slate, 27. Steatite or Talc or Soap Stone" b. Leases shall be granted through e-auction. c. The auction parameter shall be the percentage of Seigniorage Fee offered by the bidder as auction premium over and above the reserve price fixed by DMG. 4 KM,J W.P.No.13194 of 2025
d. The successful bidder must pay 5 times of ADR as an upfront amount in two instalments, i.e, 3 times of ADR within 15 days from the announcement of successful bidder for issue of LOI and 2 times of ADR along with submission of AMP, EC and CTE for issue of Grant, which shall be adjusted against future auction premiums. e. The successful bidder must pay % of the Seigniorage Fee discovered in the auction as auction premium on dispatches.”
6.
Having regard to the contentions advanced, in view of the above policy of the Government this Court deems it appropriate to direct the 2nd respondent to consider the application dated 30.01.2018 of the petitioner and pass appropriate orders in terms of G.O.Ms.No.57, Industries & Commerce (M.II) Department, dated 18.04.2025 and recommendations of the Assistant Director of Mines and Geology (ADMG) dated 05.10.2018 within a period of six weeks from the date of receipt of this order. 7. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, if any pending, shall also stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 09.05.2025 BSK
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39 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 13194 of 2025
Date: 09.05.2025 BSK