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2025 DAILYLAW 28408 (AP)

M/s Siddi Silica Mines, v. The State of Andhra Pradesh,

WP/28524/2017 · 2025-02-11

Dhiraj Singh Thakur, Ravi Cheemalapati

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKU^ AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI^ WRIT APPEAL NO: 1192 OF 2016. WP No.28524 OF 2017 AND WA(SR) No.177234 of 2016 WRIT APPEAL NO: 1192 OF 2016, Writ Appeal under clause 15 of the Letters Patent against the order dated 26-04-2016 in W.P. No. 29163 of 2008 on the file of the High Court. Between: 1. M/s. Siddi Silica Mines, rep by its Proprietor, Yeddala Pullareddy(Died) Rep. by his per LRs. 2. Smt. Yaddala Nirmala, W/o Late Pulla Reddy, Aged about 63 Years, Occ: Housewife, R/o. Vallipedu Village, Chillakuru Mandal, SPS Nellore District, A.P. 3. Smt. V.M. Anitha, W/o. Maurali Krishna Reddy, Aged about 43 Years, Occ: Housewife, Flat No. S2, D. No. 1/24, 1®* Main Road, I Block, Annanagar East, Chennai, Tamilnadu State. 4. Yaddala Ashok Kumar Reddy, S/o Late Pulla Reddy, Aged about 63 Years, Occ; Business, R/o. Vallipedu .Village, Chillakuru Mandal, SPS Nellore District, A.P. 5. Yaddala Anil Kumar Reddy, S/o Late Pulla Reddy, Aged about 38 Years, Occ: Business, R/o. Vallipedu Village, Chillakuru Mandal, SPS Nellore District, A.P. ...APPELLANTS AND 1. The State of Andhra Pradesh, Rep. by its Secretary, Industries & Commerce (M.l-ll) Department, A.P. Secretariat, Hyderabad. 2. The Director of Mines and Geology, The State of A.P., Hyderabad. 3. The Assistant Director of Mines and Geology, Nellore, SPS Nellore District, A.P. K 4. Modern Minerals, rep by its Managing Partner V.S.O. Balakrishna, S/o. S.O. Muttu, R/o. D.No. 1342, 13"^ Main Road, Annanagar West, Chennai, Tamil Nadu. ...RESPONDENTS/RESPONDENTS- I.A. NO: 1 OF 2016(WAMP. NO: 2543 OF 2016) ^ 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 grant stay of operation of Proceedings No. 605/M2/95, dated 27-11-2008 of the 3^^^ respondent in the interest of justice, pending disposal of above WA. No. of 2016.--- Counsei for the Appellant: NONE Counsel for the Respondent Nos.1 to 3 : GP FOR MINES AND GEOLOGY^ Counsel for the Respondent No.4 : SMT. P. VIJAYALAKSHMI WRIT PETITION NO: 28524 OF 2017 Between: 1. M/s. Siddi Silica Mines, rep by its Proprietor, Yeddala Pullareddy(Died) Rep. by his per LRs. 2. Smt. Yaddala Nirmala, W/o Late Pulla Reddy, Aged about 63 Years, Occ: Housewife, R/o. Vallipedu Village, Chillakuru Mandal, SPS Nellore District, A.P. 3. Smt. V.M. Anitha, W/o. Maurali Krishna Reddy, Aged about 43 years, Occ: Housewife, Flat No. S2, D. No. 1/24, 1st Main Road; I Block, Annanagar East, Chennai, Tamilnadu State. 4. Yaddala Ashok Kumar Reddy, S/o Late Pulla Reddy, Aged about 40 Years, Occ: Business, R/o. Vallipedu Village, Chillakuru Mandal, SPS Nellore District, A.P. 5. Yaddala Anil Kumar Reddy, S/o. Late Pulla Reddy, Aged about 38 Years, Occ: Business, R/o. Vallipedu Village, Chillakuru Mandal, SPS Nellore District, A.P. ...PETITIONERS AND The State of Andhra Pradesh, Rep. by its Secretary, Industries & Commerce (M.l-ll) Department, A.P. Secretariat, Amaravati, Velagapudi, Thullur Mandal, Guntur District, A.P The Director of Mines and Geology, Ibrahimpatnam, Vijayawada, Krishna District, A.P. The Assistant Director of Mines and Geology, SPS Nellore, Nellore District, A.P. Modern Minerals, rep by its Managing Partner V.S.O. Balakrishna, S/o S.O. Muttu, R/o. D.No. 1342, 13^'' Main Road, Annanagar West, Chennai, Tamil Nadu. 1. 2. 3. 4. ...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 a writ, order or direction more fully one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 3 herein in taking unilateral decision to process the Application of the 4*^ respondent on the recommendation of the Venkatagiri Consistency MLA Sri K. Rama Krishna as "Errata" in order to insert the Affidavits dated 23-06-2006 in the place of the Affidavit dated 06-01-2007 of the demised deponent/ 1 petitioner at 2&3 references in G.O.Ms. No. 313 Industries & Commerce (M.l.(2) Department dated 21-11-2007 calling the same as "Wrong" without any prior Notice to the petitioners 2 to 5 herein, who are the legal heirs of the 1st petitioner, as biased, without jurisdiction, illegal and void and consequently declare said unilateral action is contrary to law and illegal as the deponent of said alleged Affidavits is no more to defend his case in the process of said alleged "Errata" or "Wrong" in aforesaid G.O. to secure the ends of justice.' St I.A. NO: 1 OF 2017(WPMP. NO: 35476 OF 2017) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 1 to 3 herein to issue prior notice 'f A before finalization of the alleged Errata proceedings in G.O.Ms. No. 313 Industries & Commerce (M.l.(2) Department dated 21-11-2007, pending disposal of the above WP No. of 2017. I.A. NO: 2 OF 2017(WPMP. NO: 35477 OF 2017) 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 direct the respondents 1 to 3 herein not to grant permits to the 4 respondent for excavation of mining in an extent of Ac. 35.05 Cents in S. No.1 of Karlapudi Village, Kota Mandal, Nellore District, A.P., pending disposal of the above WP No. of 2017.^ th Counsel for the Petitioner: NONE Counsel for the Respondent No.1: GP FOR INDUSTRIES & COMMERCE Counsel for the Respondent Nos.2 & 3 : GP FOR MINES AND GEOLOGY Counsel for the Respondent No.4 : SMT. P. VIJAYALAKSHMI ' WRIT APPEAL (SR) NO: 177234 OF 2016 Writ Appeal under clause 15^f the Letters Patent against the order dated 26.04.2016/ 20-07-2016 in W.P. No. 2089 of 2008 on the file of the High Court. ^ Between: 1. M/s. Siddi Silica Mines, rep by its Proprietor, Yeddala Pullareddy (Died) Rep. by his per LRs. 2. Smt. Yaddala Nirmala, W/o Late Pulla Reddy, Aged about 63 Years, Occ; Housewife, R/o. Vallipedu Village, Chillakuru Mandal, SPS Nellore District, A.P. 3. Smt. V.M. Anitha, W/o. Maurali Krishna Reddy, Aged about 43 Years, Occ: Housewife, Flat No. S2, D. No. 1/24, 1®* Main Road, I Block, Annanagar East, Chennai, Tamilnadu State. 4. Yaddala Ashok Kumar Reddy, S/o Late Pulla Reddy, Aged about 63 Years, Occ: Business, R/o. Vallipedu .Village, Chillakuru Mandal, SPS Nellore District, A.P. —J 'A 5. Yaddala Anil Kumar Reddy, S/o Late Pulla Reddy, Aged about 38 Years, Occ; Business, R/o, Vallipedu Village, Chillakuru Mandal, SPS Nellore District, A.P. ...PETITIONERS/APPELLANTST AND 1. The State of Andhra Pradesh, Rep. by its Secretary, Industries & Commerce (M.l-ll) Department, A.P. Secretariat, Hyderabad. 2. The Director of Mines and Geology, The State of A.P., Hyderabad. 3. The Assistant Director of Mines and Geology, Nellore, SPS Nellore District, A.P. 4. Modern Minerals, rep by its Managing Partner V.S.O. Balakrishna, S/o. S.O. Muttu, R/o. D.No. 1342, 13^^ Main Road, Annanagar West, Chennai, Tamil Nadu. ...RESPONDENTS/RESPONDENTS i.A. NO: 1 OF 2016(WAMP. NO: 2543 OF 2016) ^ Petition under Section CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant leave to the petitioners herein to file intra court Writ Appeal against the order of the learned single judge dated.26.04.2016/ 20.07.2016 made in WP. No.2089 of 2008 in the interest of justice^- Counsel for the Appellant: NONE Counsel for the Respondent Nos.1 to 3 : GP FOR MINES AND GEOLOGY- Counsel for the Respondent No.4 : SMT. P. VIJAYALAKSHMI The Court made the following; COMMON ORDER V Bench Sr.No:-1 to IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI APHC010085962016 3 [3483] •I WRIT APPEAL NO: 1192 of 2016 along with WP.No.28524 of 2017 & WA(SR).No.177234 of 2016 ...Appellants/Petitioners M/s. Siddi Silica Mines and others Vs. ...Respondents The State of Andhra Pradesh and others ********** Advocate for Appellants/ Writ petitioners Advocate(s) for Respondent(s): ; NONE GP for Mines and Geology (AP) for the State. CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 11‘^ February 2025 PC : None for the appellants/petitioners. Even on the previous date of hearing, there was no representation on behalf of the appellants/petitioners. It appears that the appellants/petitioners are no longer interested in pursuing the matters. 2 HCJ & RCJ WA_1192_2016,WP_28524_2017 & WA(SR)_177234_2016 Of 2016 [IA.No.1 of 2016] are accordingly dismissed for The Writ Appeals along with WAMP.No.2548 in WA(SR).No.177234 of 2016 and Writ Petition non-prosecution. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. ^ RA/MESH babu deputy REGIS //TRUE COPY// AR SECTION OFFICER 1. Smt. Yaddala Nirmala, W/o Late Pulla Reddy, Aged about 63 Years Occ; Housewife, R/o. Vallipedu Village, Chillakuru Mandal, SPS Nellore District, A.P. 2. Smt. V.M. Anitha, W/o. Maurali Krishna Reddy, Aged about 43 Years Occ; Housewife, Flat No. S2, D. No. 1/24, 1®' Main Road. I Block’ Annanagar East, Chennai, Tamilnadu State. 3. Yaddala Ashok Kumar Reddy, S/o Late Pulla Reddy, Aged about 63 Years, Occ; Business, R/o. Vallipedu .Village, Chillakuru Mandal, SPS Nellore District, A.P. 4. Yaddala Anil Kumar Reddy, S/o Late Pulla Reddy, Aged about 38 Years, Occ; Business, R/o. Vallipedu Village, Chillakuru Mandal, SPS Nellore District, A.P. ^ [OUrf^^ Mines and Geology, High Court of Andhra Pradesh. 6. One CC to Smt. P. Vijaya Lakshmi, Advocate [OPUC] 7. Three C.D. Copies. To, Cnr T P :y .^JC HIGH COURT CNR DATED:11/02/2025 O 01= * 15 FEI 2025 €0* ^ Current becuon ^ ^^sL^spatcvv^^ V COMMON ORDER WA.No.1192 Of 2016, WP No.28524 of 2017 and WA(SR)177234 OF 2016 DISMISSING THE WRIT APPEAL, WRIT PETITION AND WRIT APPEAL (SR) FOR NON-PROSECUTION WITHOUT COSTS