APHC010555622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 28626 OF 2025 Between: 1. SRI. I. SYED AZHARUDDIN,, S/O. SYED ISMAIL ,AGED ABOUT 35 YEARS, R/O D.NO. 63, HIG, ROYAKOTTA HOUSING BOARD, LIND PHASE, KRISHNAGIRI, KRISHNAGIRI DISTRICT-635 001 TAMILNADU ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRI., SECRETARY INDUSTRIES AND COMMERCE (MINES II) DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI 2. THE DIRECTOR OF MINES AND GEOLOGY, DEPARTMENT OF MINES AND GEOLOGY IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT 3. THE DISTRICT OF MINES AND GEOLOGY OFFICER, CHITTOOR, CHITTOOR DISTRICT 4. THE DIVISIONAL MINES AND GEOLOGY OFFICER, PALAMANERU, CHITTOOR 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 topleased to issue a writ or direction, more particularly one in the nature of Writ of Mandamus declaring the inaction of the 1st Respondent for disposing of the revision application filed by the petitioner dated 17.08.2022 2 against the proceedings of the 2nd respondent/Director of Mines and Geology for determination of the quarry lease vide in D. Dis. Proceedings No. 4374517/DI 3-2/2021 dated 07.07.2022 for Colour granite over an extent of 2.000 Hectors in Sy. No. 188 of Yamaganipalli village, Gudupalli Mandal, Chittoor District, under rule 35 -A of APMMR- 1966, as arbitrary, illegal unjust, against principles of natural Justice and unconstitutional and against the as arbitrary, ultra vires, unjust, and unconstitutional and contrary to AP Minor Mineral Concession Rules 1966 and Mines and Minerals Development And Regulations act 1957, and consequently direct the 1st respondent to not to create third party interest, till disposal of the revision pending before him, for Colour granite over an extent of 2.000 Hectors in Sy. No. 188 of Yamaganipalli village, Gudupalli Mandal, Chittoor District, and 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 pleased to direct the Respondents to not to create third party interest and not to grant lease to others, for Colour granite over an extent of 2.000 Hectors in Sy. No. 188 of Yamaganipalli village, Gudupalli Mandal, Chittoor District, pursuant to the proceedings of the 2'^'^ Respondent/ Director of Mines and Geology for determination of the quarry lease vide in D. Dis. Proceedings No. 4374517/DI 3-2/2021 dated 07.07.2022 till disposal of the revision petition dated 17.08.2022, pending disposal of the writ petition and to pass Counsel for the Petitioner: 1. G N UMA RANI Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 28626 OF 2025 The Court made the following order: Heard Smt. G.N.Uma Rani, learned counsel for the petitioner and Smt. Sudeepthi Potluri, learned Assistant Government Pleader for Mines and Geology appearing for the respondents. With the consent of both the learned counsel, the writ petition is disposed of at the stage of admission. 2. The grievance of the petitioner is against the 1st respondent in not disposing of the Revision Application dated 17.08.2022 filed by the petitioner against the proceedings of the 2nd respondent dated 07.07.2022, determining the quarry lease for Colour granite over an extent of 2.000 Hectors in Sy.No.188 of Yamaganipalli Village, Gudupalli Mandal, Chittoor District under Rule 35-A of the Andhra Pradesh Minor Mineral Concession Rules, 1966. 3. It is contended that the quarry lease was initially granted in favour of the petitioner’s father by the Director of Mines and Geology vide proceedings dated 23.01.2008 for a period of 20 years. Subsequently, the Assistant Director of Mines and Geology, Palamaneru has executed the lease deed and the lease is in force up to 23.03.2028. However, the 2nd respondent issued show-cause notice dated 25.04.2022 alleging certain irregularities for determination of the lease. 4. It is contended by the learned counsel for the petitioner that the show- cause notice was issued in the name of the petitioner’s father, who was the 4 quarry lease holder. However, by the time of issuance of the show-cause notice, the petitioner’s father had passed away. The said show-cause notice appears to have been returned unserved with an endorsement “addressee not found.” Thereafter, the impugned proceedings were passed in the name of the deceased. It is contended that the proceedings issued in the name of a dead person are not sustainable and the same are void. Challenging the same, the petitioner filed a revision petition dated 16.08.2022 before the 1st respondent. However, the said petition is still pending, no orders have been passed and the respondents are not proposing to issue the quarry lease by entertaining new applications without considering the revision petition filed by the petitioner. Aggrieved by the same, the instant writ petition is filed. 5. Today, when the matter is taken up for hearing, learned Assistant Government Pleader for Mines and Geology appearing for the respondents has placed before the Court a copy of the written instructions received from the 3rd respondent. A perusal of the same would reflect that the petitioner requested to transfer of the subject quarry lease held by his father in favour of the petitioner. It is further stated that another quarry lease application was received by the department on 11.07.2025 in respect of the same land and extent. 6. Having regard to the submissions made, this Court deems it appropriate to dispose of the writ petition with a direction to the 1st respondent to consider and dispose of the revision petition within a period of two months from the 5 date of receipt of the copy of this order. Pending disposal of the revision petition, the 3rd and 4th respondents are directed not to allot any quarry lease in favour of any 3rd party. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 16.10.2025 BSK 6 48 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 28626 OF 2025 Date: 16.10.2025 BSK