Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :::: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA WRIT PETITION NQ: 571 qf 7()9Fi RAO Between: J Srinivasulu, S/o J. Chinnappa, Aged about R/o. D.No. 7/82, Eguvakuravanka Annamayya District-517 325, A.P 56 years, Occ. Business Mysorebank Colony Madanapalle, ...Petitioner AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary Industries and Commerce (Mines-ll) Department, Velgapudi, Guntur District, Andhra Pradesh. 2. The Director of Mines and Geology, 5th and 6th Towers, IbrahimpatnamVijayawada, Krishna
3. The District Mines and Geology Officer, Chittoor
4. The Divisional Mines and Geology Officer District. Secretariat, Floors Anjaneya District. District. Madanapalli, Anamayya ...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 an order, direction, writ, more particularly Writ of Mandamus declaring the impugned Proceedings No.71/RQL/RM BS/2023 dated 23.08.2024 and of the 3rd Respondent in rejecting my
application for grant of renewal quarry lease for road, metal, building stones to an extent of 0.920 hectors in Sy.No.1072 of Basinikonda Village, Madanapalli Mandal, Anamayya District as iliegai, improper, unjust, natural justice and No.2 and 3 to for quarry lease of to an extent of 0.860 hectors in arbitrary, contrary to law and violative of principles of set aside the same and further direct the Respondents renew the Petitioner's application dated 19.05.2023 road, metal and building stones Sy.No.1072 of Basinikonda Viiiage, Madanapaiii Mandai, Anamayya District. lA NO: 1 OF 2n9fi Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents No.2 praying that in the circumstances & 3 to permit the Petitioner to operate quarry lease for road, metal and building stones over an extent of 0.920 hectors in Sy.No,1072 of Basinikonda Village, Madanapalli Mandal Anamayya District forthwith, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI.
K RAGHU VEER Counsel for the Respondents: GP FOR MINES The Court made the following order:
AND GEOLOGY
APHC010006142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] WEDNESDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 571 /2025 Between: J Srinivasulu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.KRAGHU VEER Counsel for the Respondent{S):
1.GP FOR MINES AND GEOLOGY The Court made the following:
ORDER This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:- may be pleased to issue an order, direction, writ more particularly Writ of Mandamus declaring the impugned Proceedings No.71/RQL/RM and BS/2023 dated 23.08.2024 of the 3"^ Respondent in rejecting the petitioner's application for grant of renewal quarry lease for road, metal, building stones to an extent of 0.920 hectors in Sy.No.1072 of Basinikonda Village, Madanapalli Mandal, Anamayya District as illegal, improper, unjust, arbitrary, contrary to law and violative of principles of natural justice and set aside the same and further direct the Respondents Nos.2 and 3 to renew the Petitioner's application dated 19.05.2023 for quarry lease of road, metal and building stones to an extent of 0.920 hectors in Sy. No.1072
2 of Basinikonda Village, Madanapalli Mandal, Anamayya District and pass such...” The case of the petitioner in brief is that the petitioner made an application for grant of quarry lease for road, metal and building stones on
12.10.2009. The 2^"* respondent granted lease for a period of 10 years from 12.10.2009 to 11.10.2019. The petitioner filed an application on 02.07.2019 for grant of renewal of quarry lease in Sy.No.1072 of Basinikonda village, Madanapalli Mandal and his application has been processed by the respondents and called for ground reports. The 2^^ respondent issued an addendum granting lease from 24.08.2022 to 31.03.2023, thereafter neither his application renewed nor extended, then the petitioner filed W.P.No.4022 of 2023 seeking a direction from this Court to extend the lease period for not less than 5 years in Sy.No. 1072 to an extent of 0.920 hectors at Basinikonda village, Madanapalli Mandal, Annamayya District. 2. While the matter stood thus, the 2'"'^ respondent issued notice for payment of seigniorage fee of Rs. 13,63,500/-. Accordingly, the said amount has been paid by him. Thereafter the 3'^^ respondent issued a show cause notice dated 19.10.2023 directing the petitioner to submit explanation as to why action should not be taken to reject the quarry lease application due to public safety. Subsequently, the petitioner has submitted his detailed explanation on 25.10.2023. However, the 3'^^ respondent issued the impugned proceedings No.71/RQL/RM&BS/2023, dated 23.08.2024 rejecting his renewal application in one line order on the ground that the reply submitted by
3 him is not convincing. Questioning the same, the present Writ Petition came to be filed. 3.
Heard Sri K.G.Krishna Murthy, learned senior counsel, representing Sri K.Raghuveer,
learned counsel for the petitioner and the learned Government Pleader for Mines and Geology, appearing for the respondents. On hearing, the learned counsel for the petitioner submits that though
4. the petitioner has submitted an explanation, dated 25.10.2023 to the show cause notice issued by the 3'’'^ respondent, but without considering the same. the respondents have rejected the application of the petitioner, which is illegal and arbitrary. Therefore, learned counsel for the petitioner requests this Court to pass appropriate orders. Per contra, learned Government Pleader for Mines and Geology
5. appearing for the respondents opposed for grant of any relief in this Writ Petition and prays to dismiss the same. Considering the submissions of learned counsel for the petitioner and
6. the learned Government Pleader appearing for the respondents, without touching the merits of the case, this Court intends to dispose of the petition while directing the respondents to consider the explanation submitted by the petitioner dated 25.10.2023, subject to payment of any due amount, and pass appropriate reasoned orders in accordance with law within a period of three (03) months from the date of receipt of a copy of this order.
4 Accordingly, the writ petition is disposed of. There shall be no order as
7. to costs. As a sequel, miscellaneous applications pending, if any, shall stand
8. closed.
Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// dliON^OF^ER SE To,
1. The Principal Secretary, Industries and Commerce (Mines-ll) Department, State of Andhra Pradesh, Secretariat, Velgapudi, Guntur District, Andhra Pradesh.
2. The Director of Mines and Geology, 5th and 6th Floors Anjaneya Towers, Ibrahimpatnam Vijayawada, Krishna District.
3. The District Mines and Geology Officer, Chittoor District.
4. The Divisional Mines and Geology Officer, Madanapalli, Anamayya District.
5. One CC to Sri. K Raghu Veer Advocate [OPUC]
6. Two CCs to GP for Mines and Geology, High Court Of Andhra Pradesh. [OUT]
7. Three CD Copies GSC
p HIGH COURT DATED:08/01/2025
ORDER WP.No.571 of 2025 g 16 JAN 2025 ^ . Current Secuon ^ DISPOSING OF THE WP WITHOUT COSTS