APHC010151122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7728/2025 Between: 1. SRI Y S VENKATA REDDY,, S/O PRATHAP REDDY, AGE 54 YEARS, OCC- BUSINESS, H. NO.3-4-12, RAJA REDDY STREET, PULIVENDULA MANDAL, YSR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, INDUSTRIES AND COMMERCE (MINES) DEPARTMENT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR OF MINES AND GEOLOGY, GOVERNMENT OF ANDHRA PRADESH, B-BLOCK, 5TH AND 6TH FLOORS, SREE ANJANEYA TOWERS, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT. 3. THE DISTRICT MINES AND GEOLOGY OFFICER, KADAPA, YSR DISTRICT. 4. THE GOVERNMENT OF INDIA, REP BY ITS SECRETARY, MINISTRY OF MINES, C- WING, SHASTRI BHAVAN, R P ROAD, NEW DELHI- 110001. R4 IS IMPLEADED AS PER THE COURT'S ORDER DT.05.05.2025 IN I.A.NO. 02 OF 2025. ...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 be pleased to issue writ order or direction more particularly one in the 2 nature of WRIT OF MANDAMUS declaring the action of the Respondent No. 3 in not executing the lease deed and issuing work orders in favor of Petitioner for commencing operations pursuant to the proc. No. 1901/D12- 2/2020 dated 15-01-2025 of Respondent No.2 granting Quarry Lease to the Petitioner for Barytes over an extent of 9.556 Ha in Sy. No. 1065/P (Old Sy. No. 1021) of Vemula Village and Mandal, YSR Kadapa District, in spite of compliance of all formalities and submission of statutory permissions granted by competent authorities as arbitrary, illegal, un constitutional, contrary to AP Minor Mineral Concession Rules, 1966 apart from Articles 14, 19 and 300-A Constitution of India and consequently direct the Respondents 3 to forthwith execute the Lease Deed in favor of the Petitioner in terms of proc. No.1901/D12-2/2020 dated 15-01-2025 of Respondent No.2 granting Quarry Lease to the Petitioner for Barytes over an extent of L 9.556 Ha in Sy. No. 1065/P (Old Sy. No. 1021) of Vemula Village and Mandal, YSR Kadapa 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 to direct the Respondents 3 to forthwith execute the Lease Deed in favor of the Petitioner in terms of proc. No.1901/D12-2/2020 dated 15-01-2025 of Respondent No.2 granting Quarry Lease to the Petitioner for Barytes over an extent of 9.556 Ha in Sy. No. 1065/P (Old Sy. No. 1021) of Vemula Village & Mandal, YSR Kadapa District without reference to the clarification letter dt 12- 02-2025 of 3^^ Respondent pending disposal of above writ petition in the interest of justice. IA NO: 2 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 permit me to implead The Government of India, Rep by its Secretary, Ministry of Mines, C-Wing, Shastri Bhavan, R P Road, New Delhi-110001 as Respondent No.4 in the above Writ Petition No. 7728/2025 as well as in lA No. 01/2025 in W.P. No. 7728/2025 for proper adjudication of lis and pass IA NO: 3 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 grant leave to file the reply to the counter filed by Respondents No. 1 to 3 in W.P. No. 7728 of 2025 and pass 3 Counsel for the Petitioner: 1. G RAJA BABU Counsel for the Respondent(S): 1. Pasala Ponna Rao,DEPUTY SOLICITOR GENERAL OF INDIA 2. 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 petitioner’s grievance is against the inaction of the respondents in executing the lease deed pursuant to the proceedings of respondent No.2, dated 15.01.2025. 3. It is contended that the petitioner had filed a quarry lease application on 10.08.2016 for the grant of quarry lease over an extent of 11.600 Ha in Sy.No.1065/P (old Sy.No.1021) of Vemula Village & Mandal, YSR Kadapa District. Pursuant to the said application, the respondent No.2 sought a report from the Tahsildar, Vemula Mandal, vide proceedings, dated 11.08.2016. Accordingly, the Tahsildar, Vemula Mandal, made enquiries and submitted his report on 20.09.2017, stating no objection to the grant of quarry lease. The Collector vide his letter dated 13-10-2017 requested the respondent No. 3, to submit a report as regards the financial credentials and experience in the mining field of the of the petitioner. The 3rd respondent 4 accordingly submitted his report. Thereafter, the respondent No.2 vide proceedings, dated 25.06.2020 has issued LOI requiring the petitioner to submit the Approved Mining Plan(AMP) Environmental Clearance(EC) and Consent to Establish (CTE) within (01) year from the date of issue of the order. Accordingly, in compliance thereto, the petitioner has submitted the required documents as sought in the proceedings, dated 25.06.2020. On 12.06.2024, the petitioner also submitted the environmental clearance issued by the Ministry of Environment, Forests, and Climate Change, valid for 20 years. The respondent No.2 vide proceedings, dated 15.01.2025 granted quarry lease in respect of the subject land and the petitioner was directed to pay the requisite amount such as Dead rent, Security Deposits etc., and also the petitioner was obligated to execute the lease deed within 60 days from the date of granting in terms of Rule 12(5)(e) of the Andhra Pradesh Minor Mineral Concession Rules, 1966. However, the respondents did not issue consequential proceedings of the execution of the lease deed. Since they have not acted on the proceedings, dated 15.01.2025 of the respondent No.2, the petitioner made representations to the respondent No.3 on 31.01.2025 and 10.02.2025. Based on the said representations, the respondent No.3 appears to have sought clarification from the respondent No.2, since no further action was taken thereafter, the petitioner has approached this Court by way of the instant writ petition. 4. The respondent No.3 has filed counter-affidavit stating that although the lease order was issued in favour of the petitioner on 15.01.2025, 5 since the notification dated 20.02.2025 was issued by the Government of India, classifying the subject mineral as major mineral. And, unless a clarification from the Government of India is received as regards as the validity of LOI is issued before the date of the said notification by the Government of India, they are unable to execute lease deed in favour of the petitioner. 5. The petitioner filed a reply-affidavit to the counter-affidavit of respondent No.3, stating that respondent No.2, vide proceedings dated 25.09.2025 and referring to the clarification from the Ministry of Mines, Government of India dated 24-09-2025, issued the following instructions to be strictly followed: “a. Where an application has been made for the grant of a mineral concession, but the State Government has not issued the Letter of Intent (by Whatever name called for such grant before 20th February, 2025, the application shall stand lapsed. b. Where the State Government had issued the LOI (by whatever name called) for grant of mineral concession before 20th February, 2025, and such LOI (by whatever name called) was valid as on that date, or where the auction process for grant of mineral concession had been concluded and the preferred bidder selected before 20th February, 2025, but the LOI (by whatever name called) had not been issued, the mining lease shall be granted and executed in accordance with the rules made by the State Government in respect to minor minerals. Such execution shall be completed within a period of two years from the date of issue of the order. No mining lease shall be executed after the said period. 6 c. Upon the grant and execution of the mining lease, all the provisions of the Act and the Rules made there under shall apply to such lease, as are applicable to minerals other than minor minerals.” 6. Vide above instructions of respondent No.1, the respondents were directed to follow the said instructions scrupulously while processing the applications for grant of mining leases. 7. Learned counsel for the petitioner further argues that the notification, dated 20.02.2025 of the Government of India would not come in the way of granting license in favour of the petitioner, having regard to the fact that the respondent No.2 had already issued the proposals for grant of lease in favour of the petitioner, only the execution of the lease deed is remaining as on the date of the notification of the Government of India. It is further argued that the clarification sought by the respondent No.1 was only with respect to the pending LOI as of date of the notification of the GO dated 20-02-2025. Learned counsel for the petitioner thus argues that despite the proceedings of the respondent No.2 for issuance of lease, the respondent No.3 did not issue any proceedings for execution of the lease deed. 8. Having regard to the contentions advanced, this Court is of the view that since, by the date the Government of India notification classifying the subject mineral as a major mineral came into force, an LOI had already been granted to the petitioner, the doubt raised by respondent No.3 about executing the lease deed is unfounded. . 7 9. Having regard to the above, this Court deems it appropriate to direct the respondent No.3 to execute the lease deed within a period of three (03) weeks from the date of receipt of the order. 10. With the above observation, 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 Dated: 17.12.2025 MSI 8 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7728/2025 Dated: 17.12.2025 MSI