-4 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 570 OF 2025 - Between: Avirneni Prapoorna Chand, S/o. Koteswara Rao, aged 46 years, R/o. H. No. 1-65-1, Kothapalli, Krishna District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary (Mines and Geology Department), Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh. 2. The Commissioner and Director Mines and Geology, Anjaneya Towers, Ibrahimpatnam, Vijayawada, NTR District, Andhra Pradesh. 3. The District Mines and Geology Officer, Krishna District, Andhra Pradesh. 4. The District Collector and Magistrate and Chairman, District Level Sand Committee, Krishna District, Andhra Pradesh. ...RESPONDENTS 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 or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3^^ respondent in issuing proceedings in the form of non-speaking order in proceedings No. 288/Sand/2023 dated 04.01.2025 by cancelling the agreement for excavation and transportation of sand from the Northvalluru-6 open sand reach 4.840 Hectors of Northvalluru Village, Thotlavalluru Mandal, Krishna District for the quantity of 72,600 mts awarded in favour of the petitioner as well as forfeiture of performance security deposit as illegal, arbitrary and also oppose to principles of natural justice consequentially suspend the operation of the proceedings in proceedings No. 288/Sand/2023 dated * 04.01.2025 by permitting the petitioner for excavation and transportation of sand- from the Northvalluru-6 open sand reach 4.840 Hectors of Northvalluru Village, Thotlavalluru Mandal, Krishna District as per the agreed agreement dated 30.10,2024. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the operation of the proceedings in proceedings No. 288/Sand/2023 dated 04.01.2025 by permitting the petitioner for excavation and transportation of sand from the Northvalluru-6 open sand reach 4.840 Hectors of Northvalluru Village, Thotlavalluru Mandal, Krishna District as per the agreed agreement dated 30.10.2024 pending disposal of the above writ petition. Counsel for the Petitioner: Mrs. Counsel for the Petitioner: Mrs. A. VARALAKSHMI Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following: ORDER APHC010011302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 570/2025 Between: ...PETITIONER Avirneni Prapoorna Chand AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.AVARALAKSHMI Counsel for the Respondent(S): 1 .GP FOR MINES AND GEOLOGY The Court made the following: ORDER: Heard the learned counsel for the petitioner and Smt. Sudeepthi Potiuri learned Assistant Government Pleader for Mines and Geology for the respondents. The petitioner was the highest bidder for excavation, transportation, stocking and loading of sand from the sand reach of North Valuru-6, covering an extent of 4.840 hectares. In connection with the same, an agreement was entered into between the petitioner and the 3'^'^ respondent 2. 2 on 30-10-2024. As per the agreement, the petitioner should excavate either 72,600 MT or excavate till the validity of the EC, i.e., 6-02-2025, whichever is earlier. It is stated that the petitioner could not undertake excavation due to flooding during the relevant period. And vide his representation s dated 14.11.2024 and 25.11.2024, he had sought the license extension. However, the same was not extended. Later, the 3'^^ respondent issued a show cause notice dated 14-12-2024, to show cause as to why the license should not be cancelled. The petitioner submitted his reply, explaining the difficulties he had encountered in having access to the sand reaches during the relevant period due to the release of water from the upper stream areas. It is argued that without considering the said reply, the impugned proceedings were passed. 3. It is contended that the respondents did not consider the application of the petitioner filed for extension of time for excavation. However, such an extension was granted to some of the licencees in similar circumstances of the case, especially in the case of one Sri Gottipati Sridhar Krishna, Sand Reach of North Valluru-2. 4. Learned counsel for the petitioner thus contends that the respondents may be directed to pass similar orders in his case also as were passed in the case of North Valluru-2. Considering the submissions advanced, this Court deems it 5. appropriate to dispose of the writ petition directing the respondent No.3 to consider and dispose of the representations of the petitioner, dated T-'-" 3 14.11.2024 and 25.11.2024 that was filed for extension of time for excavation, within a period of two (02) weeks from the date of receipt of the order. With the above observation, the Writ Petition is disposed of. 6. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- A.VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SEC‘rn^JOFFICER To, 1. The Principal Secretary (Mines and Geology Department), State of Andhra Pradesh, Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh. The Commissioner and Director Mines and Geology, Anjaneya Towers, Ibrahimpatnam, Vijayawada, NTR District, Andhra Pradesh. The District Mines and Geology Officer, Krishna District, Andhra Pradesh. The District Collector and Magistrate and Chairman, District Level Sand Committee, Krishna District, Andhra Pradesh. One CC to Mrs. A. Varalakshmi, Advocate [OPUC] Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh. [OUT] Three C D. Copies. 2. 3. 4. 5. 6. 7. Cnr HIGH COURT DATED:06/05/2025 ORDER il WP.No.570 of 2025 <3 0« MAY 2025 .■foe: m \i3 'S' £^spatc^2^ W' DISPOSING OF THE W.P. WITHOUT COSTS