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2025 DAILYLAW 42829 (AP)

MOR ALLOYS PRIVATE LIMITED v. THE STATE OF AP

WP/29743/2025 · 2025-11-03

Kiranmayee Mandava

body2025

Judgment text

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APHC010576292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NOs: 29695, 29729 & 29743 of 2025 WRIT PETITION NO: 29695/2025 Between: 1. R K ELECTRIC AUTOMATION LIMITED, REP BY ITS GENERAL MANAGER,N. DILEEP KUMAR, S/O RAMA RAO, AGED ABOUT 38 YEARS, R/O. FLAT NO. 505, SRIVARDHINI RESIDENCY, SRI RAMNAGAR KANURU, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE COMMISSIONER AND DIRECTOR, MINES AND GEOLOGY DEPARTMENT, IBRAHIMPATNAM, KRISHNA DISTRICT, A.P 3. THE DISTRICT MINES AND GEOLOGY OFFICER, O/O DIRECTOR MINES AND GEOLOGY, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 4. THE NODAL OFFICER FOR AUCTION PROCESS, DD (MINES), DIRECTORATE OF MINES AND GEOLOGY, IBRAHIMPATNAM, A.P 5. THE GOVERNMENT OF INDIA, REP BY ITS SECRETARY, MINISTRY OF MINES DEPARTMENT, SHASTRI BHAVAN, NEW DELHI. 2 6. MAHALAKSHMI MINERALS, REP.BY.ITS PROPRIETOR MR. GUDUR SASIDHAR REDDY R/O 10/178, GARBHAM VILLAGE, MERAKAMUDIDAM MANDAL, VIZIANAGARAM DISTRICT. 7. VNR MINERALS LLP, REP.BY.ITS PARTNERS MS. RITISHA GUDUR AND MR.ESWARAVAKA VENKATA KRISHNA HAVING ITS REGISTERED OFFICE AT 24/1/1164/14, FLAT.NO. 403, BRAHMANANDAM, RAMALINGAPURAM, NELLORE. SPSR NELLORE DISTRICT. 8. PAIDALA TIRUPATI REDDY AND BROS, REP.BY.ITS PARTNERS SRI PAIDALA TIRUPATHI REDDY, PAIDALA BALARAMI REDDY R/O 1/1266, BUNGLOW THOTA, NAWAB PETA, NELLORE, SPSR NELLORE DISTRICT. 9. PTR BROTHERS PROJECTS, REP.BY.ITS PARTNERS MS. PAIDALA KEERTHI REDDY, MRS. ARUNAMMA NARRA R/O 1/1266/A, BUNGLOW THOTA, NAWAB PETA, NELLORE, SPSR NELLORE DISTRICT. ...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 any writ, order or direction, more particularly one in the nature of a writ of Mandamus, to declare the action of the respondents in taking the steps to open technical bids in respect of Manganese Blocks of tender no. 2796169/P-T4-Devada-2/2025 dated 20.08.2025 in violation of rule 6 sub-rule 6 and 7 of the Mineral (Auction) Rules, 2015 which was amended on 21.01.2024 without considering my objections would violate the Mineral Auction Rules including rule 6 sub-rule 6 and 7 of the Mineral (Auction) Rules, MMDR Act and consequently direct the respondents to act upon my representation in accordance with rule 6 sub-rule 6 and 7 of mining auction rules, 2015 amended from time to time issued under MMDR Act, 1957 before open the technical bid and to pass 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 to direct the respondents 2 to 4 to consider the representation in terms of rule 6, sub-rule 6 and. 7 of the Mineral Auction rules before opening the technical bids in respect of tender notification no. 2796169/P-T4- Devada-2/2025 dated 3 20.08.2025 related to Devada, Manganese Block pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. DEVI PRASAD MANGALAPURI Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY WRIT PETITION NO: 29729/2025 Between: 1. R K ELECTRIC AUTOMATION LIMITED, REP BY ITS GENERAL MANAGER,N. DILEEP KUMAR, S/O RAMA RAO, AGED ABOUT 38 YEARS, R/O. FLAT NO. 505, SRIVARDHINI RESIDENCY, SRI RAMNAGAR KANURU, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE COMMISSIONER AND DIRECTOR, MINES AND GEOLOGY DEPARTMENT, IBRAHIMPATNAM, KRISHNA DISTRICT, A.P. 3. THE DISTRICT MINES AND GEOLOGY OFFICER, O/O DIRECTOR MINES AND GEOLOGY, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 4. THE NODAL OFFICER FOR AUCTION PROCESS, DD (MINES), DIRECTORATE OF MINES AND GEOLOGY, IBRAHIMPATNAM, N.T.R.DISTRICT,A.P. 5. THE UNION OF INDIA, , REP BY ITS SECRETARY, MINISTRY OF MINES DEPARTMENT, SHASTRI BHAVAN, NEW DELHI. 6. MAHALAKSHMI MINERALS, REP.BY.ITS PROPRIETOR MR. GUDUR SASIDHAR REDDY R/O 10/178, GARBHAM VILLAGE, 4 MERAKAMUDIDAM MANDAL, VIZIANAGARAM DISTRICT. 7. VNR MINERALS LLP, REP.BY.ITS PARTNERS MS. RITISHA GUDUR AND MR.ESWARAVAKA VENKATA KRISHNA HAVING ITS REGISTERED OFFICE AT 24/1/1164/14, FLAT.NO. 403, BRAHMANANDAM, RAMALINGAPURAM, NELLORE. SPSR NELLORE DISTRICT. 8. PAIDALA TIRUPATI REDDY AND BROS, REP.BY.ITS PARTNERS SRI PAIDALA TIRUPATHI REDDY, PAIDALA BALARAMI REDDY R/O 1/1266, BUNGLOW THOTA, NAWAB PETA, NELLORE, SPSR NELLORE DISTRICT. 9. PTR BROTHERS PROJECTS, REP.BY.ITS PARTNERS MS. PAIDALA KEERTHI REDDY, MRS. ARUNAMMA NARRA R/O 1/1266/A, BUNGLOW THOTA, NAWAB PETA, NELLORE, SPSR NELLORE DISTRICT. ...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 any writ, order or direction, more particularly one in the nature of a writ of Mandamus, to declare the action of the respondents in taking the steps to open technical bids in respect of Manganese Blocks of tender no. 2796169/P-T4-Garividi/2025 dated 20.08.2025 in violation of rule 6 sub-rule 6 and 7 of the Mineral (Auction) Rules, 2015 which was amended on 21.01.2024 without considering my objections would violate the Mineral Auction Rules including rule 6 sub-rule 6 and 7 of the Mineral (Auction) Rules, MMDR Act and consequently direct the respondents 2 to 4 to act upon my representation dt 13-10-2025 in accordance with rule 6 sub-rule 6 and 7 of mining auction rules, 2015 amended from time to time issued under MMDR Act, 1957 before open the technical bid and to pass 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 to direct the respondents 2 to 4 to consider the representation in terms of rule 6, sub-rule 6 & 7 of the Mineral Auction rules before opening the technical bids in respect of tender notification No.2796169/P-T4-Garividi/2025 dated 20.08.2025 related to Garividi, Manganese Block pending disposal of the writ petition pending disposal of the above writ petition and to pass 5 Counsel for the Petitioner: 1. DEVI PRASAD MANGALAPURI Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY WRIT PETITION NO: 29743/2025 Between: 1. MOR ALLOYS PRIVATE LIMITED, REP BY ITS DIRECTOR,MANVENDRA MOR S/O.VISHNU MOR, AGED ABOUT 44 YEARS, R/O. SHREERAM NAGAR POST, GARIVIDI MANDAL,VIZIANAGARAM DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE COMMISSIONER AND DIRECTOR, MINES AND GEOLOGY DEPARTMENT, IBRAHIMPATNAM, KRISHNA DISTRICT, A.P 3. THE DISTRICT MINES AND GEOLOGY OFFICER, O/O DIRECTOR MINES AND GEOLOGY, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 4. THE NODAL OFFICER FOR AUCTION PROCESS, DD (MINES), DIRECTORATE OF MINES AND GEOLOGY, IBRAHIMPATNAM, A.P. 5. THE GOVERNMENT OF INDIA, REP BY ITS SECRETARY, MINISTRY OF MINES DEPARTMENT, SHASTRI BHAVAN, NEW DELHI . 6. S MAHALAKSHMI MINERALS, REP.BY.ITS PROPRIETOR MR.GUDUR SASIDHAR REDDY,R/O 10/178, GARBHAM VILLAGE, MERAKAMUDIDAM MANDAL, VIZIANAGARAM DISTRICT. 7. VNR MINERALS LLP, REP.BY.ITS PARTNERS MS. RITISHA GUDUR AND MR.ESWARAVAKA VENKATA KRISHNA HAVING ITS 6 REGISTERED OFFICE AT 24/1/1164/14, FLAT.NO. 403, BRAHMANANDAM, RAMALINGAPURAM, NELLORE.SPSR NELLORE DISTRICT. 8. PAIDALA TIRUPATI REDDY AND BROS REP BY ITS PARTNERS, SRI PAIDALA TIRUPATHI REDDY, PAIDALA BALARAMI REDDY R/O. 1/1266, BUNGLOW THOTA, NAWABPETA, NELLORE, NELLORE DISTRICT. 9. PTR BROTHERS PROJECTS, REP.BY.ITS PARTNERS MS. PAIDALA KEERTHI REDDY, MRS. ARUNAMMA NARRA, R/O. 1/1266/A, BUNGALOW THOTA, NAWAB PETA, NELLORE SPSR NELLORE DISTRICT ...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 any writ, order or direction, more particularly one in the nature of a writ of Mandamus, to declare the action of the respondents in taking the steps to open technical bids in respect of Manganese Blocks of tender no. 2796169/P-T4-GC/2025 dated 20.08.2025 in violation of rule 6 sub-rule 6 and 7 of the Mineral (Auction) Rules, 2015 which was amended on 21.01.2024 without considering my objections would violate the Mineral Auction Rules including rule 6 sub-rule 6and7 of the Mineral (Auction) Rules, MMDR Act and consequently direct the respondents 2 to 4 to act upon my representation in accordance with rule 6 sub-rule 6 and 7 of mining auction rules, 2015 amended from time to time issued under MMDR Act, 1957 before open the technical bid and to pass 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 to direct the respondent 2 to 4 to consider the representation in terms of rule 6, sub-rule 6 and 7 of the Mineral Auction rules before opening the technical bids in respect of tender notification no. 2796169/P-T4- GC/2025 dated 20.08.2025 related to Garraju- Cheepurupalli, Manganese Block pending disposal of the writ petition pending disposal of the above writ petition and to pass 7 Counsel for the Petitioner: 1. DEVI PRASAD MANGALAPURI Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY The Court made the following: COMMON ORDER: Heard Sri N. Subba Rao, learned Senior Counsel appearing for Sri Devi Prasad Mangalapuri, learned counsel for the petitioner(s) and the learned Assistant Government Pleader for Mines and Geology for the respondents. 2. It is contended that the 2nd respondent invited tenders for grant of mining lease through e-auction vide tender notification dated 20.08.2025. The last date for receiving of the applications was 25.09.2025 (extended upto 06.10.2025). Pursuant to the said tender notification the petitioner(s) submitted its application. Thereafter, petitioner(s) filed a representation dated 13.10.2025 stating that multiple bids were submitted by the bidders which is contrary to the provisions of Mineral (Auction) Rules, 2015 (hereinafter referred to as ‘the Rules’) which provides that the bidder shall have to submit only one bid and no affiliate of the bidder can submit a bid in the same auction. It is further contended that without considering the objections raised by the petitioner(s) the respondents are going ahead with the finalization of the bids. Thus, the petitioner(s) approached this Court by way of the instant writ petition. 8 3. When the matter has been taken up for consideration today, the learned Assistant Government for Mines and Geology has placed before the Court a copy of instructions received by her in the case. A perusal of the same would reflect that preliminary scrutiny of the bid applications was made on 07.10.2025. However, technical bid evaluation by the competent committee has not yet been completed. Certain anomalies were noticed and the legal opinion was sought in the case. Only upon receipt of the opinion, the committee constituted for technical evaluation would process the technical evaluation and finalize the technically qualified bidders. The e-auction schedule to 07.11.2025 is subject to completion of technical evaluation. It is further stated that as per Rule 6(6) & (7) of the Rules, the State Government shall duly examine and consider all the representations received before finalizing the list of technically qualified bidders. Since, the technical evaluation is pending all the representations/objections are under consideration. Thus, contends that the relief sought by the petitioner(s) is premature and no prejudice has been caused to the petitioner(s). 4. Having regard to the contentions advanced, after placing on record the written remarks of the 2nd respondent in the case, the Writ Petition is disposed of directing the respondents to pass appropriate orders on the objections raised by the petitioners before finalizing the bids. 5. With the above observation, the Writ Petitions are disposed of. There shall be no order as to costs. 9 As a sequel, all pending miscellaneous applications shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 04.11.2025 MSI