APHC010637822023 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: 32858/2023 Between: M/s. Ppn Mining Company ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. G N UMA RANI Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY (AP) 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 particularly one in the nature of Writ of Mandamus declaring the revocation of Notice/LOI and rejection of petitioner quarry lease application for Grant of Quarry lease for Silica Sand Over an extent of 10.90 Acres (Patta land) in Sy.No.34/12 of Addepalli Village, Chillakue Mandal, SPSR Nellore District, Andhra Pradesh, vide proceedings No.906/D8/2021, dated 06.10.2023 by the Director of Mines and Geology, Ibrahimpatnam, as arbitrary, illegal, unjust, against principles of Natural Justice and 2 unconstitutional and unconstitutional and to set aside the same and consequently direct the respondents to issue a revised Notice/LOI for reduced area after deleting the NH formation…….” 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 10.90 Acres (Patta land) in Survey No.34/2 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 2nd 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.O.1533, dated 14.09.2006 vide proceedings Notice/LOI No.906/D8/2020, dated 14.03.2022. 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.728/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 2nd respondent issued show-cause notice vide No.906/D8/2021, dated 09.08.2023 for reduction of part of the LOI area under Public Interest under, for information from the Joint Collector and 3 CALA NHAI-71, Tirupati through letter has informed that the area is required for the NHAI 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, the petitioner submitted a detailed explanation dated 15.09.2023. Without considering the same, the 2nd respondent issued proceedings vide No.906/D8/2021, dated 06.10.2023 revoking the Notice/LOI dated 14.03.2022 and rejecting the quarry lease application under public interest. Aggrieved by the same, the present writ petition has been filed. 3. 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. 4. 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 2nd respondent has issued orders vide proceedings No.906/D8/2021, dated 06.10.2023, revoked the notice(LOI) dated 14.03.2022 and rejected the quarry lease application 4 dated 04.05.2018 of the petitioner, which is illegal and arbitrary. Therefore, learned counsel requests this Court to pass appropriate orders. 5. Per Contra, learned Assistant Government Pleader submits that the LOI issued area of 4.936 Hectares is split into two (02) non-contiguous parts and hence, the 3rd respondent has submitted proposals to the 2nd respondent and requested to delete the part of the area over an extent of 1.161 Ha in Survey No.34/2 of Addepalli Village, Chillakue Mandal, Tirupati district from the LOI issued area of M/s.PPN Mining Company and retained the remaining area over an extent of 1.753 Ha in Survey No.34/2 of Addepalli Village, Chillakue Mandal, Tirupati district to the LOI applicant duly obtaining the necessary permissions from the Government in the interest of public. Again the 3rd respondent vide letter No.3159/P/2018, dated 28.06.2023 has submitted proposals to 2nd respondent and requested to delete the part of area over an extent of 2.743 Ha (1.647 Ha. road and buffer zone area and also 1.096 Ha. Northern side remained area) in Survey No.34/2 of Addepalli Village, Chillakue Mandal, Tirupati district from the LOI issued area of M/s.PPN Mining Company and retained the remaining area over an extent of 1.668 Ha in Survey No.34/2 of Addepalli Village, Chillakue Mandal, Tirupati district to the LOI applicant duly obtaining the necessary permissions from the Government in the interest of public. Therefore, learned Assistant Government Pleader requests this Court to pass appropriate orders. 5 6. On considering the submissions of both the learned counsels and upon perusing the entire material on record, this Court is of the opinion that, the 2nd 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 06.10.2023. 7. Accordingly, the Writ Petition is disposed of. The proceedings vide No.906/D8/2021, dated 06.10.2023 issued by the 2nd respondent is hereby set aside. Further, the matter is remanded back to the 2nd respondent with a direction to consider the case of the petitioner afresh, in pursuance of the letter issued by the 3rd respondent vide No.3159/P/2018, dated 28.06.2023 and pass appropriate reasoned orders, strictly in accordance with law, within a period of two (02) months from the date of receipt of a copy of this order. No costs. 8. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________ Dr. K. MANMADHA RAO, J BMS