APHC010378442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20015 OF 2025 Between: 1. A BALA PRASAD, S/O. MADHAVA REDDY, AGED 55 YEARS, R/O. 1- 88/A, GUNDRAJUKUPPAM VILLAGE, NAGARI MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY (MINES AND GEOLOGY DEPARTMENT), SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DIRECTOR MINES AND GEOLOGY, ANDHRA PRADESH AT IBRAHIMPATNAM, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. 3. THE DISTRICT MINES AND GEOLOGY OFFICER, CHITTOOR DISTRICT, ANDHRA PRADESH. 4. C VENKATESULU, S/O. LATE GOVINDA CHETTY, AGED 58 YEARS, R/O. GANDLA VEEDHI, NAGARI VILLAGE AND MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH. 5. C DHANA LAKSHMI, W/O. VENKATESULU, AGED 44 YEARS, R/O. GANDLA VEEDHI, NAGARI VILLAGE AND MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH. 6. C NAGA RANI, , W/O. MUNESHWARAIAH, AGED 45 YEARS, R/O. D. NO. 6-135, GANDLA VEEDHI, NAGARI VILLAGE AND MANDAL, 2 CHITTOOR DISTRICT, ANDHRA PRADESH. ...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 topleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not issuing dispatch permits for transportation of minerals after executing mining lease in favour of the petitioner in Proceedings No. 3947/Q2/2011 dated 01.06.2024 in an extent of 18.088 hectors in Survey No. 277/IP, 277/2P, 280/P, 281/1,281/2P, 281/3P of Kakavedu Village, Nagari Mandal, Chittoor District under the pretext of pending writ petitions in WP No. 11873 of 2024 and WP 20746 of 2024 which are nothing to do with the mining lease of the petitioner as illegal, arbitrary and also oppose to Article 19(1)(g) of the Constitution of India as well as oppose to all cannons of justice consequentially direct the 3rd respondent to issue dispatch permits/e-permits in favour of the petitioner for transportation of minerals as per the lease agreement in Proceedings No. 3947/Q2/2011 dated 01.06.2024 without reference to the writ petitions in WP No. 11873 of 2024 and WP 20746 of 2024 forthwith and to 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 3rd respondent to issue dispatch permits/e-permits in favour of the petitioner for transportation of minerals as per the lease agreement in Proceedings No. 3947/02/2011 dated 01.06.2024 without reference to the writ petitions in WP No. 11873 of 2024 and WP 20746 of 2024 forthwith pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. V SAI KUMAR Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20015 OF 2025 The Court made the following order: Heard Sri V.Sai Kumar, learned counsel for the petitioner and Smt. Sudeepthi Potluri, learned Assistant Government Pleader for Mines and Geology appearing for the respondents. 2. The grievance of the petitioner in the writ petition is that the 3rd respondent is not issuing dispatch permits for transporting minerals. 3. It is contended that the 3rd respondent issued the impugned notice vide proceedings dated 01.06.2024, granting a quarry lease for Road Metal and Building Stone over an extent of 18.088 hectares in Sy.Nos.277/1P, 277/2P, 280/P, 281/1, 281/2P and 281/3P of Kakavedu Village, Nagari Mandal, Chittoor District. 4. The petitioner further contends that on account of the fact that the unofficial respondents have filed writ petitions challenging the grant of quarry lease in favour of the petitioner, the 3rd respondent is not processing the request of the petitioner for issuance of dispatch permits. It is stated that the unofficial respondents have filed writ petitions in W.P.No.18538 of 2020, W.P.No.20746 of 2024 and W.P.No.11873 of 2024. However, W.P.No.18538 of 2020 was withdrawn. 5. Today, when the matter was taken up for admission, Smt. Sudeepthi Potluri, the learned Assistant Government Pleader appearing for the 4 respondents, has placed on record a copy of the written instructions received from the 3rd respondent. A perusal of the same would reflect that the issuance of dispatch permits through the online system (OMEPS portal) has been fully automated, with no human intervention in either granting or refusing dispatch permits. 6. It is further stated that the petitioner has not applied for any dispatch permits on the OMEPS portal during the period from 01.06.2024 to 31.03.2025. It is also brought to the notice of this Court that the "Consent to Operate" issued in favour of the petitioner by the Andhra Pradesh Pollution Control Board (APPCB) vide proceedings dated 23.07.2024 has expired on 30.06.2025. Thereafter, the petitioner has not submitted a fresh application for renewal of consent to update his lease ID to enable him to obtain the dispatch permits. 7. Learned counsel for the petitioner submits that liberty may be granted to the petitioner to approach the APPCB to obtain the requisite consent, which is necessary for seeking extension of the mining lease and for obtaining dispatch permits. 8. Having regard to the fact that the ‘system’ for issuance of dispatch permits is entirely automated, and in view of the circumstances stated above, this Court is of the view that no grounds are made out to grant the relief sought in the writ petition. 5 9. Accordingly, the Writ Petition is dismissed. The petitioner is at liberty to avail appropriate remedies in accordance with law. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 04.08.2025 BSK 6 58 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20015 OF 2025 Date: 04.08.2025 BSK