IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTIETHDAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 32909 OF 2023 Between: M/s. PKN Mining Company, Rep By its Mg. Partner. Sri. P. Pardhasarathi S/o. P. Krishnama Niadu, aged about 56 years, R/o. Kammavari Palli (V) Sydhapuram (M) SPSR Nellore District - 524 407, Andhra Pradesh ...PETITIONER AND 1. State of Andhra Pradesh, rep. By its PrI., Secretary Industries and Commerce( Mines II) Department Secretariat Buildings, Velagapudi, Amaravathi 2. The Director of Mines and Geology, Department of Mines and Geology Ibrahimpatnam, Vijayawada, Krishna District 3. The District Director of Mines and Geology, Nellore, SPSR District 4. The Divisional Director of Mines and Geology, Gudur, SPSR District. ...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 or direction, more particularly one in the nature of Writ of Mandamus declaring the revocation of Notice/LOl and rejection of petitioner quarry lease application for Grant of Quarry lease for Silica Sand over an extent of 11.39 Acres (Patta land) in Sy.No.34/1 of Addepalli District, Andhra Pradesh, videVillage, Chillakue Mandal, SPSR Nellore proceedings No. 907/D8/2021 dated 06.10.2023 by the Director of Mines and Geology, Ibrahimpatnam, as arbitrary, illegal, unjust, against principles t of Natural Justice and unconstitutional and unconstitutional and to set aside the same and consequently direct the respondents to issue a revised Notice/LOl for reduced area after deleting the NH formation. lA NO: 1 OF 2023 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 to issue a revised Notice/LOl for reduced area after deleting the NH formation, pending disposal of the above writ petition. Counsel for the Petitioner: M/s G N UMA RANI Counsel for the Respondents No.1 to 4: GP FOR MINES AND GEOLOGY The Court made the following: ORDER <4 APHC010637782023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] MONDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 32909/2023 Between: ...PETITIONER M/s. Pkn Mining Company, AND ...RESPONDENT(S) State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.G N UMA RANI 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 seeking the following relief; “ to issue a writ or direction more particulariy one in the nature of Writ of Mandamus declaring the revocation of Notice/LOl and rejection of petitioner quarry lease application for Grant of Quarry lease for Silica Sand over an extent of 11.39 Acres (Patta land) in Sy.No.34/1 of Addepalli Village, Chillakue Mandal, SPSR Nellore District, Andhra Pradesh vide proceedings No.907/D8/2021, dated 06.10.2023 by the Director of Mines and Geology, Ibrahimpatnam, as arbitrary, illegal. 2 unjust, against principles of Natural Justice unconstitutional and unconstitutional and to set aside the same and consequently direct the respondents to issue a revised Notice/LOl for reduced area after deleting the NH formation " and 2. Brief facts of the case are that, the petitioner filed an application for grant of Quarry lease for Silica Sand over an extent of 11.39 Acres (Patta land) in Survey No.34/1 of Addepalli Village, Chillakue Mandal, SPSR Nellore district, Andhra Pradesh, for a period of 20 years along with requisite documents on 04.05.2018. After careful examination of the proposal of the Assistant Director of Mines and Geology, Nellore, the 2 nd respondent considered the application of the petitioner, subject to submission of Approved Mining Plan along with Consent for Establishment from AP Pollution Control Board and Environmental Clearance from the Environment and Forest as per Environment Impact Assessment Notification through S.0.1533, dated 14.09.2006 vide proceedings Notice/LOl No.907/D8/2020, dated 22.02.2022. Accordingly, the petitioner submitted the Approved Mining Plan to the Deputy Director of Mines and Geology, Nellore and the same was approved vide letter NO.729/MP/SS/NLR/2022, dated 02.07.2022. Subsequently, the petitioner submitted the copies of E.C. and C.F.E. to the Director of Mines and Geology and requested to grant lease in favour of the petitioner vide letter dated 21.09.2023. While things stood thus, the 2'^'^ respondent issued show-cause notice vide No.906/D8/2021, dated 09.08.2023 for reduction of part of the LOI 3 under Public Interest under, for information from the Joint Collector and GALA NHAI-71, Tirupati through letter has informed that tne area is required for the NHAl road and it connects to the land of the petitioner and the proposed National Highway is passing in the middle of the subject LOI issued area and requested to show cause within fifteen days as to why LOI notice dated 14.03.2022 cannot be revoked under Public Interest and issued a • revised LOI for the reduced area over. After receipt of the show-cause notice, area the petitioner submitted a detailed explanation dated 15.09.2023. Without respondent issued proceedings vide nd considering the same, the 2 NO.907/D8/2021, dated 06.10.2023 revoking the Notice/LOl dated 14.03.2022 and rejecting the quarry lease application under public interest. Aggrieved by the same, the present writ petition has been filed. The respondents filed counter affidavit denying the allegations made in the writ petition and mainly contended that the LOI issued area of 4.609 Hectares is split into two (02) non-contiguous parts and hence, the 3 respondent has submitted proposals to the 2^^ respondent and requested to delete the part of the area over an extent of 1.161 Ha in Survey No.34/1 of Addepalli Village, Chillakue Mandal, Tirupati district from the LOI issued area of M/s.PKN Mining Company and retained the remaining area over an extent of 1.753 Ha in Survey No.34/1 of Addepalli Village, Chillakue Mandal, Tirupati district to the LOI applicant duly obtaining the necessary permissions from the 3. rd 4 Government in the interest of public. Again the respondent vide letter NO.3158/P/2018, dated 05.08.2023 has submitted proposals to 2"^ respondent and requested to delete the part of area over an extent of 2.962 Ha (1.948 Ha road and buffer zone area and also 1.014 Ha southern side remained area) in Survey No.34/1 of Addepalli Village, Chillakue Mandal, Tirupati district from the LOI issued area of M/s.PKN Mining Company and retained the remaining area over an extent of 1.647 Ha in Survey No.34/1 of Addepalli Village Chillakue Mandal, Tirupati district to the LOI applicant duly obtaining the necessary permissions from the Government in the interest of public. 4. Heard Ms.G.N.Uma Rani, learned counsel for the petitioner and Ms.P.Sudeepthi, learned Assistant Government Pleader for Mines and Geology, for the respondents. 5. On hearing, learned counsel for the petitioner while reiterating the contents urged in the writ petition, submits that, even though the petitioner has submitted detailed explanation dated 15.09.2023 to the show-cause notice dated 09.08.2023, but without considering the same, the 2"^^ respondent has issued orders vide proceedings No.907/D8/2021, dated 06.10.2023, revoked the notice(LOI) dated 14.03.2022 and rejected the quarry lease application dated 11.05.2018 of the petitioner, which is illegal and arbitrary. Therefore learned counsel requests this Court to pass appropriate orders. 5 6. Per Contra, learned Assistant Government Pleader reiterated the contents made in the counter affidavit. 7. On considering the submissions of both the learned counsels upon perusing the entire material on record, this Court is of the opinion that, the 2 respondent has passed the impugned proceedings dated 06.10.2023 without recording proper reasons. Hence, this Court is inclined to dispose of the writ petition by setting aside the impugned proceedings dated and 06.10.2023. 8. Accordingly, the Writ Petition is disposed of. The proceedings vide NO.907/D8/2021, dated 06.10.2023 issued nd by the 2 respondent is hereby set aside. Further, the matter is remanded back to the 2^^ respondent with a direction to consider the the letter issued by the 3 case of the petitioner afresh, in pursuance of rd respondent vide No.3158/P/2018, dated 05.08.2023 and pass appropriate reasoned orders, strictly in accordance with law, within a period of two (02) months from the date of this order. No costs. receipt of a copy of 9. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- U.SRI DEVI ASSISTANT REGISTRAR //TRUE COPY// ClION^FFICER SE To, 1. The Principal Secretary, State of Andhra Pradesh, Industries and Commerce( Mines II) Department Secretariat Buildings, Velagapudi, Amaravathi " V *5. 2. The Director of Mines and Geology, Department of Mines and Geology Ibrahimpatnam, Vijayawada, Krishna District 3. The District Director of Mines and Geology, Nellore, SPSR District 4. The Divisional Director of Mines and Geology, Gudur, SPSR District. 5. One CC to M/s. G. N. LIMA RANI, Advocate [OPUC] 6. Two CCs to GP FOR MINES AND GEOLOGY, High Court of Andhra Pradesh. [OUT] 7. Three C.D.Copies nm HIGH COURT DATED:20/01/2025 ORDER WP.No.32909 of 2023 of O 0 5 FEB WK 'a: 'O Currenl Section ^ a Si:sppac*‘3^ DISPOSING OF THE WP WITHOUT COSTS