> IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL i TWO THOUSAND AND TWENTY FIVE *Oo s/ PRESENT HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 9081 OF 2025 Between: M/s. Siva Sai Constructions, Kutagulla, Kadiri Rep. by its Proprietor K.V.SaiPraneeth Reddy, S/o.K.V.Ramesh Reddy, Aged about 40 years having its Office atKutugaulla Village, Kutagulla, Kadiri Mandal, Satya Sai District -c' ^ ...Petitioner AND 1. The State of Andhra Pradesfi ^ . rep., by its Principal Secretary, Mines and Geology Department, Secretariat Buildings, Velagapudi Amaravati Guntur District. P'l’^ctor of Mines arid @^Qlqgy, Government of Andhra Pradesh Ibrahimpatnam, Krishna District. 3. The Deputy Director of Mines, Ananthapuramu, Ananthapur District. DiSrict'^^'^'^^ and Geology Officer, Puttaparthi, Sri Sathya Sai Partner, Having office at Flat No Anantapur Andhra Pradesh, India - 01oUU1 ...Respondents Petition under Articie 226 df'ttie Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to isSucjarLa|pf)ropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action the respondents No.2 to 4 in demanding Dead Rent for the years 2024-2025 of an amount of Rs.2,49,795/- towards Dead Rent and Rs.55,844.58 towards interest for annual fee for the Ipase of the mine without issuing the equivalent dispatch permits, even though seigniorage charges have been / paid to .the respondent No.5 herein as per G.O.Ms.No.63, Industries Gemmerce and Mines Department, dated 02.08.2021 for the dispatch permits issued by the respondent No.5 and not refunding the excess dead i rent of Rs.2,49,795/-collected for efe year 2023-2024 as illegal, arbitrary contrary to Rule 10(4) of the Andhra Pradesh Minor Mineral Concession Rules, 1966 apart from being violative of the fundamental rights guaranteed to me under Articles 14, 19, 21 and 3 00-A of the Constitution of Indiaand consequently a. declare that the respondents cannot demand the Dead Rent alongwith interest for the Financial Year's 2024-2025 to a tune of Rs.2,49,795/- towards Dead Rent dnd Rs.55,844.58 towards interest from the petitioner for its mine for grpVeT and building stone over an extent of Ac.3.843 Hectare in Sy.No.96B/1Y9id8/2 and 908/4, 913/1, 913/2 and 449 of Kutagulla Village, Kadiri Mandal; Ananthapuramu District, and direct the respondents No.2 to 4 not to demand the same b. To refund the excess Dead Rent collected in the year'2p23-:24 to a tune of Rs.2,49,795/- towards Dead Rent along with interest @ ^‘p;a lA NO: 2 OF 2025 Petition under Section 15T CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direcffle respondents No.4 to consider representation submitted' by thd'^ petitioner necessary orders as per law, pending disposal of the above Writ Petition lA NO: 1 OF 2025 the on 20.03.2025 and pass Petition under Section 1^61 ^ CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to insist for is filed praying that in the payment of Dead Rent along with interest for Ihe Financial Year’s 2024-2025 to a tune of Rs.2,49,795/- towards Dead Rent and Rs.55,844.58 towards interest from ; • \ I 1 the petitioner for its mine for gravel and building stone over an extent of Ac.3.843 Hectare in Sy.No.908/lV908/2 & 908/4, 913/1, 913/2 & 449 of Kutagulla Village, Kadiri Mandal, Ananthapuramu District, pending disposal of the above Writ Petition Counsel for the Petitioner: SRI B ABHAY SIDDHANTH MOOTHA Counsel for the Respondents No.1 to 4: GP FOR MINES AND GEOLOGY Counsel for the Respondent No.5: NONE The Court made the following: Order ( APHC010173392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 9081 of 2025 Between: M/s. Siva Sai Constructions ...Petitioner AND ...Respondents The State of Andhra Pradesh and Others Counsel for the Petitioner: Counsel for the Respondents: The Court made the following order: The writ petition is filed challenging the action of the respondent Nos.2 B.Abhay Siddhanth Mootha GP for Mines and Geology 4 are demanding Dead Rent of the years 2024-2025 for an amount of Rs.2,49,795/- towards Dead Rent and Rs.55,844.58/- towards interest. to Heard Sri B.Abhay Siddhanth Mootha, learned counsel for the petitioner and Smt. Sudeepthi Potiuri, learned Assistant Government Pleader for Mines and Geology appearing for the respondents. 2. Learned counsel for the petitioner contends that for the year 2023-2024, there are no arrears, and the petitioner has paid an excess seigniorage fee for that year and Dead Rent. Instead of adjusjing-the excess amount lying to the 3. 2 KM,J W.P.No.9081 of2025 petitioner's credit towards the Dead Rent of 2023-2024, the respondents are demanding that the petitioner should pay the Dead Rent for 2024-2025. 4. Learned Assistant Government Pleader for Mines and Geology appearing for the respondents, on instructions, submits that the department i;IS requiring the petitioner to pay the advanced Dead Rent for the period 2024- 2025 and 2025-2026. if any adjustment is to be made, the petitioner should make a representation to the respondents. 5. Learned counsel for the petitioner submits that the already made such a representation to the authorities requesting them to permit the petitioner to carry forward the advanced Dead Rent of the year 2023-2024 and 2024-2025 to the Dead Rent for 2025-2026. petitioner has on 20.03.2025. the year 6. Considered the rival submissions. Since the representation is pending consideration before the 3'"' respondent, the 3'^^ respondent is directed to dispose of the representation of the petitioner dated 20.03.2025 within a period of eight weeks from the date of receipt of this order. The petitioner is also permitted 3 respondent, who is directed to dispose of the same in accordance with the to file a detailed representation before the law. 3 KM,J W.P.No.9081 of 2025 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/-B CHITTIJOSEPH ASSISTANT REGISTRAR I //TRUE COPY// SECTION OFFICER To. Government of Andhra Pradesh District. 2. The Director of Mines and Geology Ibrahimpatnam, Krishna District. of Mines, Ananthapuramu, Ananthapur District. Officer, Puttaparthi, Sri Sathya Sai 3. The Deputy Director 4. The District Mines and Geology District. -515001 ' ■ 6. One CC to SRI B.ABHAY SIDDHANTH MOOTHA Advocate [OPUC] 7. Two CCS to GP FOR MINES AND GEOLOGY, High Court of Andhra Pradesh [OUT] 8. Three CD Copies ) gsg ■■n' %\ HIGH COURT DATED: 29/04/2025 ORDER WP.No.9081 of 2025 15 JUl 2025 ar m 9, Co. ^ . Current Section ★ yf i' I DISPOSING OF THE WP WITHOUT COSTS /