1 APHC010006732024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WP(PIL) NO: 5 OF 2024 Between: Jamisetty Venkata Satyanarayana Murthy,, S/o, Appalanarayana Rao, aged about 63 years, Occ Social Service, R/o. 45-46-20, Srinivasa Nagar, Gowri Kalyana Mantapam, Akkayyapalem, Visakhapatnam - 530016, Aadhar No.5487 0929 2735, PAN No. AZWPJ3632J, Bank A/c.No.33510715970 of SBI, Kailaspuram Branch, Visakhapatnam. ...Petitioner AND Ministry of Mines 1. The Union of India, Rep. by its Secretary Government of India, Shastri Bhavan, Dr.Rajendra Prasath Road New Delhi- 110 001. 2. The Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi - 110 003. 3. The Secretary, Department of Atomic Energy, Govt, of India, CSM Marg, Mumbai - 400 001. 4. The Member Secretary, Andhra Pradesh Coastal Zone Management Authority Government of Andhra Pradesh D.No. 33-26-14p/2, Near .4 Sunrise Hospital, Pushpa Hotel Centre, Kasturibaipet, Vijayawada - 520 010. 5. The State of Andhra Pradesh, Rep. by its Secretary, Mines and Geology, Department of Industries and Commerce, Velagapudi, Secretariat, 2nd Block, Tulluru Mandal, Guntu^District-522 237. 6. Andhra Pradesh Mineral Development Corporation Ltd, Rep. by its Vice Chairman and Managing Director, D.N0.294/294/MD, 100 ft. Road, Kanuru, Vijayawada - 521 137, Andhra Pradesh. Chalamvari Street, ...Respondents pleased to issue a Writ, Order or direction, more particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring the action of the 6th Respondent in inviting bids vide impugned document No. APMDC/HMBS/PDO/2023- 24/001, dated 14.12.2023 for Selection of Project Developer-cum-Operator for Planning, Engineering, Financing, Construction, Development; Operation-cum-Maintenance of an Integrated BSM Project relating to Gara and' Bheemunipatnam in Andhra Pradesh as being illegal. arbitrary and against the statutory provisions as contained U/s. 5 (1) and (2) of the Mines and Minerals (Development and Regulation) Act, 1957, against Schedule-A “(Item 12) of Atomic Minerals Concession Rules, 2016, order dated 01.03.2019 issued b^the 1st Respondent as well as against the Circular dated 11.04.2019 issued by the 2nd Respondent and in violation of the fundamental rights guaranteed under Article 14 and 21 of the Constitution of India and consequently to set aside the same. lA NO: 1 OF 2024 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 to suspend the operation of impugned document No.APMDC/HMBS/PDO/202 3- 24/001, dated 14.12.2023 for Selection of Project Developer-cum- Operator for Planning, Engineering, Financing, Construction, Development, Operation- BSM Project relating to Gara and cum-Maintenance of an Integrated Bheemunipatnam in Andhra Pradesh issued by the 6th Respondent, disposal of the above writ petition in the interest of justice. lA NO: 2 OF 2024 Andhra Pradesh Mineral Development Corporation Ltd, Rep. by its Vice Chairman and Managing Director, D.N0.294/294/MD, 100 ft. Road, Kanuru, Vijayawada-521 137, pending ...Petitioner/Respondent No. 6 AND 1. Jamisetty Venkata Satyanarayana Murthy,, S/o, Appalanarayana Rao, aged about 63 years, Occ Social Service, R/o. 45-46-20, Srinivasa Nagar, Gowri Kalyana Mantapam, Akkayyapalem, Visakhapatnam - 530016, Aadhar No.5487 0929 2735, PAN No. AZWPJ3632J, Bank A/c.No.33510715970 of SBI, Kailaspuram Branch, Visakhapatnam. .Respondent/Writ Petitioner Ministry of Mines, Government of India, Shastri Bhavan, Dr-.Rajendra Prasath Road New Delhi - 110 001. 3. The Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi - 110 003. 4. The Secretary, Department of Atomic Energy, Govt, of India Marg, Mumbai - 400 001: .. 5. The Member Secretary, Andhra Pradesh Coastal Zone Management Authority Government of Andhra Pradesh D.No. 33-26-14p/2, Near Sunrise Hospital, Pushpa Hotel Centre, Kasturibaipet, Vijayawada - 520 010. ' 6. The State of Andhra Pradesh, Rep. by its Secretary, Mines and Geology, Department of Industries and Commerce, Secretariat, 2nd Block, TuHuru Mandal, Guntur District-522 237. 2. The Union of India, Rep. by its Secretary CSM Chalamvari Street, Velagapudi, ...Respondents 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 to vacate the order dated 10-01-2024 in WP (PIL) No. 5 of 2024 and dismiss the above writ petition with exemplary costs in the interest of justice. Counsel for the Petitioner; SRI SUDHAKARA RAO AMBATI Counsel for the Respondent Nos. 1 to 3: SRI CHALLA DHANAMJAYA (ADDITIONAL SOLICITOR GENERAL) Counsel for the Respondent No. 4: SRI YELISETTI SOMARAJU, SC FOR APPCB Counsel for the Respondent No. 5: SRI DAMMALAPATI SRINIVAS (ADVOCATE GENERAL) Counsel for the Respondent No. 6: SRI V R N PRASANTH SC FOR APMDC The Court made the following order: APHC010006732024 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-20 [3483] AT AMARAVATI WP(PIL) NO: 5 of 2024 Jamisetty Venkata Satyanarayana Murthy ...Petitioner Vs. The Union of India and others ...Respondents icifk-kie-k**** Advocate for Petitioner Mr. Sudhakara Rao Ambati Advocate(s) for Respondent(s): Mr. Challa Dhanamjaya (Additional Solicitor General) Mr. Dammalapati Srinivas (Advocate General) CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 23'^'^ July, 2025 DATE PC : The present petition was filed challenging the action of the Andhra Pradesh Mineral Development Corporation Limited [APMDC] in inviting bids from eligible parties for purposes of operation, planning, engineering, financing, construction and maintenance of an Integrated Beach Sands Minerals [BSM] Project in Andhra Pradesh. 2. The issue highlighted by the petitioner in the petition was that mining was permissible only by a Government company or a Corporation owned or controlled by the Government and that the action of the APMDC in 2 a' HCJ & RC, J WP(PIL)_5_2024 inviting bids was contrary to Rule 5 of Atomic Minerals Concession Rules, 2016. 3. It is in that background that notices were issued and responses have now been filed. 4. In the response filed by the APMDC, the stand taken is that there is no sub-lease created in favour of any third party in any manner and that the lease would remain with the APMDC and that the third parties were appointed only for purposes of efficient mining and mineral processing which require specialized technical expertise and financing. All activities which would be done by the Project Development Operator, that is, the third party who were being invited by virtue of the advertisement notification, would work under the supervision of the APMDC and the operational control of the project would continue to remain with the APMDC. It is also stated that there was no statutory bar preventing such a model from operating. 5. The stand of the Union of India, on the other hand, is that there was a meeting convened between the Ministry of Mines, Government of India with representatives of the APMDC, Government of Andhra Pradesh in regard to the issue in question. Certain decisions were taken in the said meeting and consensus was arrived in regard to some of the issues and certain clauses were directed to be incorporated in the relevant agreements. 3 HCJ & RC, J WP(P1LL5_2024 Learned Additional Solicitor General of India as also learned Advocate General appearing before us would submit that the entire operational control would be maintained by the APMDC and, therefore, the apprehension expressed by the petitioner was without any basis. 6. In that view of the matter, counsel for the petitioner does not wish to proceed with the present WP(PIL) which is accordingly closed. The amount deposited by the petitioner shall be refunded to the petitioner. All the interim directions shall stand vacated. No order as to costs. 7. Miscellaneous applications pending, if any, shall stand closed. Sd/- V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri. Sudhakara Rao Ambati Advocate [OPUC] 2. One CC to Sri. Jupudi V K Yagnadutt(Central Government Counsel) [OPUC] 3. One CC to Sri. N Jeevan Kumar Advocate [OPUC] 4. One CC to Sri. Yelisetti Somaraju Standing Counsel APPCB [OPUC] 5. One CC to Sri. V R N Prasanth SC for APMDC [OPUC] 6. Two CCs to GP for Mines and Geology High Court of Andhra Pradesh [OUT] 7. Two CCs to Advocate General, High Court of Andhra Pradesh [OUT] 8. Two CCs to Additional Solicitor General of India High Court of Andhra Pradesh [OUT] 9. Two CD Copies GSC w HIGH COURT DATED:23/07/2025 ORDER WP(PIL) NO. 5 OF 2024 ^lineiu oecjjQp ^ <59. CLOSING THE WP(PIL) WITHOUT COSTS