C! IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 45326 OF 201fi Between: 1. M/s. Stone Crusher Owners Association of, Andhra Pradesh 3510/92), House No.1-1-380/20/A2, Gandhi Nagar, Hyderabad - 080 Rep. by its Generaf Secretary (Regd. No; 500 ...PETITIONER(S) AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, A. P, Secretariat, Industries & Commerce (Mines) Department Hyderabad. 2. The Director of Mines and Geology, Andhra Pradesh, 8th Floor, BRKR Bhavan, Tank Bund Road, Hyderabad 3. The Deputy Director of Mines & Geology, 1/1, Ramannapet, Guntur-7, Andhra Pradesh 4. The Assistant Director of Mines & Geology, Pandaripuram, Guntur - 522002, Andhra Pradesh H.No. 5-76-22, 4th Lane 5. The Deputy Director of Mines & Geology 1st Floor, Sector-1, MVP Double Road, Visakhapatnam 6. The Deputy Director of Flat No.98, D.No.1-83-10/1 - 17. Mines & Geology, H.No.66-9-3F, Nagar, Kakinada - 533 Dr.Karnalendernath Hospital Street, Narasanna 003, East Godavari District. 7. The Deputy Director of Mines & Geology Registrar Office, Old RIMS Premises, Kadapa - 516 001. 8. The Deputy Director of Mines Narasimhareddy Nagar, Kurnooi - 518004 1st Floor, Beside District & Geology, 45/86-6, Upstairs, 9. The Assistant Director of Mines & Geology, 1-4/6-3/2, Santhinagar Colony, Near Government Degree College, Srikakulam 532001. The Assistant Director of Mines & Geology ; ; Vamsadhara Colony, Tekkali-532201 The Assistant Director of Mines & Geology, D.No. 1-15-4(1), DBV Appalaram Buildings, Cantonment Road No.1,Vizianagaram. The Assistant Director of Mines & Geology, Plot No. HIG-6, Phase-1, Madhavadhara, Vizianagaram-7. The Assistant Director of Mines & Geology, Laxminarayana Nagar, 5th Road, Near Daddy Veeru Naidu College, Anakapalli-531 001. 10. D.No.1-13, 11. 12. 13. 14. The Assistant Director of Mines & Geology Gandhipuram, Rajahmundry-3, East Godavari District. The Assistant Director of Mines & Geology, Dr.Satyanarayana Street, Narsimha Raopeta, Near New Bus Stand, Eluru, W. Godavari District. H.No.78-7-10, 15. 16. The Assistant Director of Mines & Geology, Plot No. 17, D.No.54- 18-63/3, Lie Colony, Vijayawada 520 008, Krishna District. The Assistant Director of Mines &, Geology Station, Narayanpura, Nadikudi, Dachepalli-522002, Guntur District. The Assistant Director of Mines & Geology, Block- 56 & 57, Government Offices Complex, Opp; Prakasam Bhavan Ongole - 523 001, Prakasam District. The Assistant Director of Mines & Geology, H.No. 10-1064-7-11 Sanjeevareddi Nagar, Opp: BSNL Office, Markapur 523 316, Prakasam District. 17. Near Railway 18. , Trunk Road, 19. 20. The Assistant Director of Mines & Geology, D.No. 26-2-719, iyothi Nagar, 6th Lane, A.K.Nagar (Post), Nellore - 524004. The Assistant Director of Mines & Geology, D.No.2-53 & 54 Officers Lane, Kongareddipalli, Chittoor. 21. 22. The Assistant Director of Mines & Geology, Neha Complex, 1®’ Floor, Madanapalli Road, Palamaneru - 517 408, Chittoor District The Assistant Director of Mines & Geology, Floor, Beside District Registrar office. Old RIMS Premises, Kadapa - 516 001. The Assistant Director of Mines & Geology, 4/1113, Muddanoor Road, Yerraguntia - 516 309, Kadapa District. The Assistant Director of Mines &, Geology, D.No. CID-12, Santhinagar Colony, Near C-Camp Centre, Kurnool - 518 002. The Assistant Director of Mines & Geology, Kanakaraghureddi Complex, Near New RTC Bus Stand, Banaganapalli - 518 124. Kurnool District. 23. 24. 25. 26. 27. The Assistant Director of Mines & Geology, D.No. 6-29-97/C, Korurnagar 1st Cross, Near Vidyaranya School, Anahtapur - 515 004. The Assistant Director of Mines & Geology, Buggaiah Compound, Tadipatri - 515 411, Anantapur District. 28. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue such appropriate writ, order or direction more so particularly one in the nature of mandamus declaring the action of the respondents 3 to 28 in allowing the lessees supplying minor minor to contractors doing Government works without despatch permits and without payment of seigniorage fee in advance as contemplated under Rule 34 (1) & (2) of the A.P. Minor Mineral Concession Rules, 1966 and penalties for such violation from the lessee under the Proviso of Rule 34 and from the consumer under Rule 23 (3) (ii) of the A.P. Minor Mineral Concession Rules, 1966 is not only arbitrary and illegal but also causing heavy loss to the public exchequer and also affecting the business of other lessees who are transporting the minor mineral by obtaining necessary dispatch permits by paying seigniorage fee in advance. may not collecting (1) LA, NO: 1 OF 2016(WPMP. NO: 55872 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 direct the respondents 3 to 28 not to allow transportation of minor mineral from out of the leased areas without obtaining dispatch permits by paying seigniorage efe in advance as contemplated in Rule 34(2) of A.P.Minor Mineral Concession Rules 1966 whether the said mineral is used in Government contract works or otherwise and to collect penalties from those violating the said procedure, pending disposal of writ petition by this Hon'ble Court. the Counsel for the Petitioner :SRI. the Counsel for the Petitioner :SRI. HARI SREEDHAR Counsel for the Respondent No’s. 1 to 28: GP FOR MINES AND GEOLOGY The Court made the following ORDER: APHC010868702016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] MONDAY ,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 45326/2016 Between: M/s. Stone Crusher Owners Association Of ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.HARI SREEDHAR Counsel for the Respondent(S): 1 .GP FOR MINES AND GEOLOGY (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 particulariy one in the nature of mandamus declaring the action of the respondent Nos. 3 to 28 in allowing the lessees supplying minor minor to contractors doing Government works without despatch permits and without payment of seigniorage fee in advance as contemplated under Rule 34 (1) & (2) of the A.P. Minor Mineral Concession Rules, 1966 and not collecting penalties for such violation from the lessee under the Proviso of Rule 34 (1) and from the consumer under Rule 23 (3) (ii) of the A.P Minor Mineral Concession Rules, 1966 is not only arbitrary and illegal but also causing heavy loss to the public exchequer and also affecting the business of other lessees who are transporting the mihPr mineral by obtaining necessary 2 dispatch permits by paying seigniorage fee in advance and pass 2. Heard Mr. Hari Sreedhar, learned counsel for the petitioner and the learned Government Pleader for Mines and Geology appearing for the respondents. On hearing, learned Government Pleader for Mines and Geology 3. has produced a copy of G.O.Ms.No.6, dated 20.01.2025 issued by the respondent No.1, Para No.V reads as follows:- V. In rule 34, after sub rule (3), the following sub rules shall be added; (4) State Government departments/NHAI concessionaries shall apply for permitting Form K-ll and obtain prior free dispatch permit from concerned DMGO/Div. MGO in Form L-ll for dispatch of minor minerals under proviso for Rule 10 (3). (5) NHAI/State Government Departments shall ensure all the minor mineral carrying vehicles carry free dispatch permits issued by DMGO concerned, constantly monitor and prevent illegal mining and transportation under the guise of the relaxations granted in these rules for faster execution of the works and ensure an accurate account of minor minerals consumed is maintained. (6) NHAl concessionaries shall obtain prior free dispatch permit for dispatch of minor minerals under Rule 10(8), as prescribed by C&DM&G, A.P.” 4. In view of the above proceedings, learned Government Pleader submits that, no further orders are required to be passed in the present petition and it may be closed. Recording the above submissions, this Writ Petition is closed. 5. There shall be no order as to costs. 3 sequel, miscellaneous applications pending, if any, shall stand closed. Cfi/. P VlNOD KUNIAR AsIiSTANT REGISTRAR //TRUE COPY// To, 1. One CC to SRI. HARI SREEDHAR, Advocate [OPUC] 2. Two CCs to GP FOR MINES AND GEOLOGY, High Court Of Andhra Pradesh. [OUT] 3. Three CD Copies PRK HIGH COURT DATED:10/02/2025 ORDER g 0 2 APR 2025 | % Current iiMtion ^ WP.No.45326 of 2016 CLOSING THE W.P. WITHOUT COSTS