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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY. THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 300 OF 2025 Between: Sri Murali Krishna Constructions, Rep.by its Managing Partner G.Rambabu, S/o. Moolayya Rajupalem Kirlampudi Mandal, Kakinada District Andhra Pradesh. ...PETITIONER AND
1. The State of AP, Rep.by its Principal Secretary Industries and Commerce (Mines) Department A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Director of Mines and Geology, 5th floor, Anjaneya Towers, Ibrahimpatnam, NTR District, AP
3. The District Mines and Geology Officer, Kakinada District, Kakinada, AP ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 a writ of mandamus declaring the action of the 3rd respondent in not granting permission to utilize the road Metal for an approximate quantity of 60,000/- cum from our quarry leases situated at Sy.No.53 of China Sankarlapudi and at Sy.No.160 of Peda Sankarlapudi Village, Prathipadu Mandal, Kakinada District, to utilize the same for the Government time bound works in the District in spite of our reasoned representation dt.04-12-2024 as highly illegal, arbitrary and capricious and
% direct the 3rd respondent to consider the representation dt. consequently 04-12-2024 for grant of permission to utilize the Road Metal for an of 60,000 Cum from our quarry leases situated in approximate quantity S7N0.53 of China Prathipadu Mandal, Kakinada District.
r Sankarlapudi and S.N0.I6O of Peda Sankarlapudi village lA NO: 1 OF 2025 that in the under Section 151 CPC is filed praying circumstances stated in the affidavit filed in support of the petition, the High direct the 3rd respondent to consider the Petition Court may be pleased to representation dt.04-12-2024 for grant of permission to transport road metal situated at Sy.No.53 of China Sankarlapaudi village and from lease quarry at Sy.No.160 District, of Pedda Sankarlapudi Village, Prathipadu Mandal, Kakinada AP to the work site pending disposal of the above writ petition.' Counsel for the Petitioner: SRI YASWANTH GADE Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following: ORDER
1 APHC010004792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 300/2025 [3310] Between: Mural! Krishna Constructions ...PETITIONER AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner:
1.YASWANTH GADE Counsel for the Respondent(S):
1 .GP FOR MINES AND GEOLOGY The Court made the following:
ORDER: The Writ Petition is fiied under Articie 226 of the Constitution of India, seeking the following relief;
“ declaring the action of the respondent in not granting permission to utilize the road Metal for an approbate puanWy o 60 000/- cum from petitioner’s quarry leases situated at ^yWo 53 of China Sankarlapudi and at Sy.No.160 of Peda Sankarlapudi W/age^ Prathipadu Mandal, Kakinada District, to utilize the for^e Government time bound works in the District in spite of petitioners reasoned representation dt.04.12.2024 as highly illegal, arbitrary and
2 capricious and consequently direct the 3!'^ respondent to consider the representation dt.04.12.2024 for grant of permission to utilize the Road Metal for an approximate quantity of 60,000 Cum from petitioner’s quarry leases situated in S.No.53 of China Sankarlapudi and S. No. 160 of Reda Sankarlapudi village, Prathipadu Mandal, Kakinada District and pass such other order or orders ”
2. Heard
learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology, appearing for the respondents 1 to 3.
3. On hearing, learned counsel for the petitioner reiterated the contentions which are urged in the writ petition.
4. On the other hand, learned Assistant Government Pleader for Mines and Geology has produced copy of instructions dated 04.01.2025 of the 3'^'^ respondent, wherein it is stated that the petitioner has utilized the road metal for his contract Government works as on date, as such, the representation dated 04.12.2024 of the petitioner has not been considered.
5. In view of the submissions made by the
learned counsel for the petitioner and learned Assistant Government Pleader, this Court feels it appropriate to dispose of the writ petition directing the petitioner to submit fresh representation to the respondent authorities and on such application, the respondent authorities are directed to dispose of the representation submitted by the petitioner and pass appropriate reasoned orders, in accordance with
3 (02) months from the date of receipt of a copy of law, within a period of two this order. With the above observation, the Writ Petition is disposed of. There shaii be no order as to costs.
6. sequel, miscellaneous applications pending, if any, shall stand
7. As a closed.
Sd/- V SAVITRI GOWRI ASSISTANT REGISTRAR QTliWd^FICER //TRUE COPY// SE To,
1. The, Principal Secretary Industries and Commerce (Mines) Department A.P, Seomtahat) Velagapudi Amaravati, Guntur District. The Director of Mines and Geology, 5th floor, Anjaneya Towers, Ibrahimpatnam, NTR District, AP The District Mines and Geology Officer, Kakinada District, Kakinada, AP One CC to Sri Yaswanth Gade Advocate [OPUC] Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh. [OUT] Three CD Copies
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1 HIGH COURT \ DATED:09/01/2025
ORDER WP.No.300 of 2025 TcT 1*^ 5 \imm . Current Section 5^SP.TC2«&>^ DISPOSING OF THE W.P., WITHOUT COSTS