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2025 DAILYLAW 24467 (AP)

WHITE GOLD MINES AND MINERALS v. THE GOVERNMENT OF ANDHRA PRADESH

WP/17282/2025 · 2025-07-14

Kiranmayee Mandava

body2025

Judgment text

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APHC010346032025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17282 OF Between: 1. WHITE GOLD MINES AND MINERALS, REP. BY ITS AUTHORISED SIGNATORY OFFICE AT 2 7 MVP COLONY, VISHAKHAPATNAM 1. THE GOVERNMENT OF ANDHRA PRADESH, DEPARTMENT OF MINES AND GEOLOGY, AMARAVATHI REP. BY ITS PRINCIPAL SECRETARY. 2. THE DIRECTOR OF MINES AND GEOLOGY, IBRAHIMPATNAM, NTR DISTRICT, ANDHRA PRADESH 3. THE DISTRICT MINES AND GEOLOGY OFFICER FAC, VIZIANAGARAM. 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 action of the respondents in not granting dispatch permits for transportation in respect of Lease for Quartzite over an extent of 40.065 Ha in SY.No.11 of Marrivalasa Village, Dattirajeru Mandal, Vizianagaram District, as arbitrary, illegal, u contemplated under AP Mines and Mineral Concession Rules, 1966, violative of judgements of this honble court, violative of fundamental rights guaranteed IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17282 OF 2025 WHITE GOLD MINES AND MINERALS, REP. BY ITS AUTHORISED SIGNATORY OFFICE AT 2-31-10, H.NO.32, SBI COLONY, SECTOR 7 MVP COLONY, VISHAKHAPATNAM ...PETITIONER AND THE GOVERNMENT OF ANDHRA PRADESH, DEPARTMENT OF MINES AND GEOLOGY, SECRETARIAT, VELAGAPUDI, AMARAVATHI REP. BY ITS PRINCIPAL SECRETARY. THE DIRECTOR OF MINES AND GEOLOGY, IBRAHIMPATNAM, NTR DISTRICT, ANDHRA PRADESH THE DISTRICT MINES AND GEOLOGY OFFICER FAC, ...RESPONDENT(S): 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 declaring action of the respondents in not granting dispatch permits for transportation in respect of Lease for Quartzite over an extent of 40.065 Ha in SY.No.11 of Marrivalasa Village, Dattirajeru Mandal, Vizianagaram District, as arbitrary, illegal, unjust, violative of the procedure contemplated under AP Mines and Mineral Concession Rules, 1966, violative of judgements of this honble court, violative of fundamental rights guaranteed IN THE HIGH COURT OF ANDHRA PRADESH [3458] THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WHITE GOLD MINES AND MINERALS, REP. BY ITS AUTHORISED 10, H.NO.32, SBI COLONY, SECTOR ...PETITIONER THE GOVERNMENT OF ANDHRA PRADESH, DEPARTMENT OF SECRETARIAT, VELAGAPUDI, THE DIRECTOR OF MINES AND GEOLOGY, IBRAHIMPATNAM, NTR THE DISTRICT MINES AND GEOLOGY OFFICER FAC, ...RESPONDENT(S): 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 declaring action of the respondents in not granting dispatch permits for transportation in respect of Lease for Quartzite over an extent of 40.065 Ha in SY.No.11 of Marrivalasa Village, Dattirajeru Mandal, njust, violative of the procedure contemplated under AP Mines and Mineral Concession Rules, 1966, violative of judgements of this honble court, violative of fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to issue dispatch permits to the petitioner for transportation of Quartzite, and pass IA 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 pleased to direct the respondents to issue dispatch permits to the petitioner for transportation in respect of Lease for Quartzite over an extent of 40.065 Ha in SY.No.11 of Marrivalasa Village, Dattirajeru Mandal, Vizianagaram District, pending disposal of the above Writ Petition and pass IA 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 Counsel for the Petitioner: 1. C V R RUDRA PRASAD Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17282 OF 2025 The Court made the following: The present writ petition is filed for declaration of the action of the respondents in not granting dispatch permits for transportation of Quartzite mineral over an extent of 40.065 Ha in Sy.No.11 of Marrivalasa Village, Dattirajeru Mandal, Vizianagaram District as arbitrary and bad in law. 2. Heard Sri C.V.R.Rudra Prasad, learned counsel for the petitioner and Smt. Sudeepthi Potluri, learned Assistant Government Pleader for Mines and Geology appearing for the respondents. 3. It is contended that the petitioner had earlier approached this Court by way of writ petition in W.P.No.8929 of 2025, challenging the demand raised against the petitioner pursuant to the show cause notice dated 18.01.2025. The said writ petition was disposed of with a direction to the respondents to pass orders afresh after affording sufficient opportunity to the petitioner and after furnishing the copy of the report of joint Inspection conducted on 08-10- 2024 to 10-10-2024. 4. Subsequently, it is stated that the petitioner was asked to pay royalty and as such the petitioner deposited the same vide challan dated 23.06.2025 for a sum of Rs.3,47,065/-, apart from the same it has also paid Rs.17,000/-, Rs.21,700/- towards interest and penal interest respectively. It is submitted that upon receipt of such payment, the respondents were supposed to have unblocked the petitioner’s ID and issue dispatch permits. However, the respondents have failed to act to unblock the petitioner’s ID and issue dispatch permits. Hence, the writ petition. 5. Learned counsel for the petitioner relies on the decision of this Court in W.P.No.30983 of 2024, and prays for a direction to the respondents to issue dispatch permits, upon payment of the required charges. 6. On the other hand, Smt. Sudeepthi Potluri, learned Assistant Government Pleader for Mines and Geology appearing for the respondents, submits that after remand, no further orders have been passed in the case. 7. Having regard to the submissions made, this Court deems it appropriate to dispose of the writ petition with a direction to the respondents to issue dispatch permits to the petitioner, on payment of required charges, pending disposal of the proceedings initiated pursuant to the show cause notice dated 18.01.2025. 8. It is needless to observe that the respondents shall furnish a copy of the joint inspection report to the petitioner as soon as possible to enable the petitioner to submit his explanation. The petitioner shall accordingly submit his explanation and cooperate with the department in disposal of the proceedings initiated pursuant to the show cause notice. 9. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 15.07.2025 BSK 20 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17282 OF 2025 Date: 15.07.2025 BSK