APHC010795582016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 37245/2016 Between: M/s. Shiridi Sai Stone Crushers, ...PETITIONER AND The State Of Andhra Pradesh Rep By Principal Secretary and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. HARI SREEDHAR Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY (AP) 2. GP FOR REVENUE (AP) 3. GP FOR GENERAL ADMINISTRATION (AP) The Court made the following Order: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “…..to issue such appropriate writ, order or direction more so particularly one in the nature of Mandamus declaring that the petitioner is only liable to pay the amounts as per the terms of the Lease Deed dated 19.4.2007 executed by the 4th respondent in favour of the 2 petitioner as per A.P.Minor Mineral Concession Rules, 1966 after declaring G.O.Ms.No.61 Revenue (Land Reforms) Department, dated 17.01.2007 issued by the 7th respondent and the consequential order of the 8th respondent dated 24.05.2007 in proceedings No.ROC/F1/7302/2005, notice of the 9th respondent in ROC.No.598/2016 (DT), dated 22.10.2016 and the notices issued by the 5th respondent dated 10.8.2016 and 20.10.2016 as arbitrary, illegal and void being contrary to A.P. Minor Mineral Concession Rules, 1966…….” 2. Brief facts of the case are that the that the petitioner was granted mining lease over an extent of 4.05 hectares (Ac.10.55) in Rs.No.90/2, Kondagudem Village, Devarapally Mandal, West Godavari district for a period of ten years, which is valid till 23.05.2017. The petitioner was granted another quarry lease on 13.03.2009 over an extent of Ac.1.259 in R.S.No.90/2, 88, 13/1, 13/8 of Kondagudem Village, Devarapally Mandal, West Godavari district, which is valid till 23.10.2013. After expiry of said lease, the petitioner surrendered the above said leased area to the 3rd respondent and on 23.12.2014, the 3rd respondent released the Security Deposit relating to the surrendered lease to the petitioner. While so, the 6th respondent issued show-cause notice to the petitioner on the basis of alleged survey and measurements taken on 19.07.2016 and 20.07.2016. The petitioner sent interim reply dated 19.05.2019 requesting to furnish survey report and other documents to submit comprehensive reply. Without furnishing any documents, the 6th respondent issued another show-cause notice asking the petitioner to furnish information relating to sales turnover and tax payment details under AP VAT Act along with sales 3 particulars of 2007-2008 in respect of two leases and the said notice was dispatched on 21.10.2016 and received by the petitioner on 24.10.2016. The 9th respondent under the influence of the 6th respondent issued another notice to the petitioner asking the petitioner to produce receipts for payment of lease amount as per order of the 8th respondent dated 24-5- 2007, by 29-10-2016. Further, the 7th respondent through G.O.Ms.No.61, Revenue (Land Reforms) Department, dated 17.01.2007, while granting permission to the 8th respondent to grant mining lease in respect ceiling surplus land of Ac.10-55 cents in R.S.No.90 of Kondagudem village, Devarapalli Mandal, West Godavari District, mentioned that the value of the said land is Rs.3,00,000/- per acre and the lease amount would be Rs.60,000/- per acre per annum. Aggrieved by the same, the present writ petition has been filed. 3. Heard Mr.Hari Sreedhar, learned counsel for the petitioner, who appeared virtually through video conferencing 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, mining lease in respect of minor minerals is governed by APMMC Rules, 1966. As per the terms of said APMMC Rules, 1966 once mining lease has been granted, the lessee is liable 4 to pay the dead rent and segniorage fee as mentioned in the lease deed. APMMC Rules, 1966 is a complete code dealing with the procedure with regard to all the matters relating to grant of mining leases and the amounts payable by the lessee etc. Once a mining lease has been granted as per the terms of APMMC Rules, 1966 the lessee is liable to pay only those amounts that are required to be paid as per the terms of lease granted as per the APMMC Rules, 1966. As such, any claim by the respondents 5 to 9 with regard to any amount which is not specified in the lease deed executed by the 4th respondent as per the order of the 3rd respondent and not specified in APMMC Rules, 1966 is clearly arbitrary, illegal, without any authority of law and void. Therefore, learned counsel requests this Court to pass appropriate orders. 5. On the other hand, learned Assistant Government Pleader for Mines and Geology does not refute to the above submissions. 6. On considering the submissions of both the learned counsels and upon perusing the entire material on record, without going into the merits of the case, this Court is inclined to dispose of the present writ petition with the following directions: i. The petitioner is directed to submit a fresh representation to the respondents to re-consider the decision in directing the petitioner to pay ceiling surplus land amounts. 5 ii. On receipt of the representation, the respondents are directed to consider the same and pass appropriate orders, in accordance with law, within a period of three (03) months from the date of receipt of a copy of this order. 7. With the above observations, the Writ Petition is disposed of. No costs. 8. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________ Dr. K. MANMADHA RAO, J BMS