Sri. M/s Jyothi Enterprises v. The State of Andhra Pradesh
WP/36566/2025 · 2025-12-30
Kiranmayee Mandava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41621 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41621 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010714032025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 36566/2025 Between:
1. SRI. M/S JYOTHI ENTERPRISES, REP. BY ITS MANAGING PARTNER ABDUL VAHEED S/O MOHAMMAD SARVER, AGE 55 YEARS, FLAT NO FF-7 MAHALKSHMI TOWERS, MAIN ROAD, LAXMIPURAM, GUNTUR.,
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, INDUSTRIES AND COMMERCE DEPARTMENT, SECRETARIAT, AT VELGAPUDI, GUNTUR DISTRICT 522237
2. THE DIRECTOR OF MINES AND GEOLOGY, GOVERNMENT OF ANDHRA PRADESH, 5TH AND 6TH FLOORS, SREE ANJANEYA TOWERS IBRAHIMPATNAM, KRISHNA DISTRICT 521456
3. THE DISTRICT MINES AND GEOLOGY OFFICER, (PREVIOUSLY KNOWN AS DEPUTY DIRECTOR OF MINES AND GEOLOGY), GUNTUR, GUNTUR DISTRICT.522002
...RESPONDENT(S): 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 of MANDAMUS declaring inaction of the 1st respondent in disposing of the Revision filed by the Petitioner, dt.26-12-2022, questioning the Determination orders in Proc. No.3641343/D7/2020, dt. 19- 12-2022 passed by the 3rd respondent and the action of the Respondent No.
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3 in not issuing dispatch permits to the un dispatched quantity of 2000 cum, which was mined/extracted during subsistence of lease and much prior to determination of lease held by Petitioner over an extent of 1.866 hectares in Sy. No. 298/P of Nadendia Village and Mandal, Guntur District pursuant to grant proc. No. 16193/R3-1/2003, dated, 11-09-2006 issued by 2nd Respondent as arbitrary, illegal, unjust, unconstitutional and in violation of principles of natural justice, contrary to APMMC Rules, 1966 and judgement of Honble Apex Court and pass such IA NO: 1 OF 2025 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 may be pleased to direct the Respondent No.3 to allow Petitioner to transport the already mined material to the quantity of 2000 cum lying at the leased area over an extent of 1.866 hectares in Sy. No. 298/P of Nadendia Village and Mandal, Guntur District pursuant to grant proc.
No. 16193/R3-1/2003, dated, 11- 09-2006 issued by 2nd Respondent, by unblocking the Petitioner’s lease id, till appropriate orders are passed by 1st Respondent in the Revision filed by Petitioner dated 26-12-2022, and pass such Counsel for the Petitioner:
1. G RAJA BABU Counsel for the Respondent(S):
1. GP FOR MINES AND GEOLOGY The Court made the following Order:
Heard Sri G. Raja Babu, learned counsel for the petitioner and the learned Assistant Government Pleader for Mines and Geology for the respondents. 2. The grievance of the petitioner is against the inaction of the respondents in considering and passing appropriate orders on the revision application filed by the petitioner, dated 26.12.2022 filed against the
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proceedings of the respondent No.2 in determining the quarry lease, dated
19.12.2022. 3. When the matter was taken up for consideration today, the learned Assistant Government Pleader for Mines and Geology, appearing for the respondents, placed a copy of the instructions received in the case before the Court. A perusal of the same would reflect that pursuant to the revision petition filed by the petitioner remarks were called for by the respondent No.2 from the respondent No.3, however the same could not be furnished on account of the fact that the office of the 3rd respondent has been newly established and the files have not been remitted to the newly established office, thus they could not submit remarks to the respondent No.2 as called for and it further reflects from the same that they would submit the remarks in two days from the date of the instructions referred supra. 4. Having regard to the above and the submissions advanced, this Court deems it appropriate to dispose of the Writ Petition directing the respondent No.1 to pass appropriate orders on the revision application filed by the petitioner within a period of two (02) months from the date of receipt of the order. 5. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. 4
As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 31.12.2025 MSI
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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 36566/2025
Date: 31.12.2025 MSI