APHC010481712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 24511 OF 2025 Between: 1. KUDITHIPUDI RAGHU,, S/O. JAGANNADHA RAO, AGED ABOUT 47 YEARS, R/O 4-69-8/5, BESIDE RAVINDRA BHARATI SCHOOL, LAWSON'S BAY COLONY, VISAKHAPATNAM ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, INDUSTRIES AND COMMERCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. DIRECTOR OF MINES AND GEOLOGY, ANDHRA PRADESH, IBRAHIMPATNAM, KRISHNA DISTRICT. 3. DEPUTY DIRECTOR OF MINES AND GEOLOGY, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 4. DISTRICT MINES AND GEOLOGY OFFICER, (FORMERLY ASST. DIRECTOR OF MINES AND GEOLOGY). VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 5. KOTAPATI PRIYA DARSHINI, D/O. JANARDHANA RAO, PLOT NO. 913, AYYAPA SOCIETY MADHAPUR, SHAIKPET, HYDERABAD, TELANGANA - 500081. ...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 2 pleased topleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the orders issued by District Mines and Geology Officer, Visakhapatnam vide Notice No. 1992/e- Auction/AKP/2023 dated 28-10-2023 considering the application of Kum. Kotapati Priya Darshini in principle, for grant of quarry lease for road metal, building stone and gravel over an extent of four (4) hectares in Sy.No. 109/part of Mamidipalem Village, Anakapalli Mandal and District (Erstwhile Visakhapatnam District) as wholly illegal, arbitrary, contrary to the A.P. Minor Mineral Auction Rules, 2022 apart from violative of principles of natural Justice and set aside the same and consequently declare that the petitioner is entitled for grant of quarry lease for road metal, building stone and gravel over an extent of four (4) hectares in Sy.No. 109/P situated at Mamidipalem Village, Anakapalli Mandal and District basing on the quarry lease application, dated 21-09-2021 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 suspend the Orders issued by District Mines and Geology Officer, Visakhapatnam vide Notice No. 1992/e-Auction/AKP/2023 dated 28-10-2023 with a direction to the Respondents to consider the quarry lease application of the petitioner, dated 20-09-2021 in respect of the land admeasuring four (4) hectares in Sy.No. 109/P situated at Mamidipalem Village, Anakapalli Mandal and District Counsel for the Petitioner: 1. ADAPA RAMYA SAHITHI NAIDU Counsel for the Respondent(S): 1. GP FOR INDUSTRIES COMMERCE 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 24511 OF 2025 The Court made the following order: Heard Sri Kondaveeti Ravi, learned Senior Counsel appearing for Ms. Adapa Ramya Sahithi Naidu, learned counsel for the petitioner and Smt. Sudeepthi Potluri, learned Assistant Government Pleader for Industries & Commerce appearing for the respondents. 2. The writ petition is filed challenging the orders issued by District Mines and Geology Officer, Visakhapatnam vide Notice No.1992/e- Auction/AKP/2023 dated 28.10.2023, considering the application of 5th respondent herein for grant of quarry lease for road metal, building stone and gravel over an extent of four hectares located in Sy.No.109/part of Mamidipalem Village, Anakapalli Mandal and District (Erstwhile Visakhapatnam District). 3. It is contended that the petitioner submitted an application for issuance of a quarry lease over an extent of four hectares in Sy.No.109, Mamidipalem Village, Anakapalli Mandal, Visakhapatnam District, on 20.09.2021. The said application was rejected as ineligible vide proceedings dated 31.03.2023 as per G.O.Ms.No.13, Industries & Commerce (Mines-III) Department, dated 14.03.2022. Challenging the said rejection, the petitioner filed W.P.No.12978 of 2023, and the same is pending before this Court. 4. It is further contended that W.P.No.19459 of 2022 and batch of writ petitions were filed before this Court challenging the amendments made to the 4 Andhra Pradesh Minor Mineral Concession Rules, 1966, vide G.O.Ms.No.13 and G.O.Ms.No.14, dated 14.03.2022. These writ petitions were dismissed by this Court through a common order dated 20.03.2025. 5. Subsequent to the said dismissal, the Government of Andhra Pradesh issued a new Andhra Pradesh Minor Mineral Policy, 2025 vide G.O.Ms.No.57, Industries & Commerce (Mines.II) Department, dated 18.04.2025. As per the said G.O., all applications pending as on 13.03.2022 shall be considered for grant of lease, provided the area is free for grant as on the date of issuance of the said Government Order. The G.O. further stipulates that the applicant shall pay a one-time Annual Dead Rent (ADR) as a security deposit within three months. 6. It is further contended that the petitioner filed W.P.No.12978 of 2023. During the pendency of the said writ petition before the Court, the 4th respondent herein issued proceedings vide e-auction notice dated 28.10.2023, considering the quarry lease application of one Kotapati Priyadarshini (the unofficial respondent No.5) for grant of a quarry lease for road metal, building stone, and gravel over an extent of four hectares in Sy.No.109, situated at Mamidipalem Village, Anakapalli Mandal, Visakhapatnam District. 7. It is contended that the said orders were issued without following the proper tender process. The petitioner contends that in view of the provisions of G.O.Ms.No.57 dated 18.04.2025, the petitioner is entitled to the grant of the 5 quarry lease. The petitioner made a representation dated 19.04.2025 to the 4th respondent, requesting consideration of the mining lease application dated 20.09.2021. Since the same was not considered, the petitioner filed another writ petition, W.P.No.13157 of 2025, before this Court. The said writ petition was disposed of on 09.05.2025, directing the 4th respondent to consider the representation dated 19.04.2025. 8. It is further contended that the petitioner filed a revision petition dated 07.08.2025 before the 1st respondent challenging the proceedings dated 28.10.2023, granting the quarry lease in favor of unofficial respondent No.5. The said Revision Petition is still pending. 9. It is argued by Sri Kondaveeti Ravi, learned Senior Counsel appearing for the petitioner that along with the revision petition, an interlocutory application seeking interim suspension of the proceedings dated 28.10.2023, granting quarry lease in favour of the 5th respondent has also been filed. He prays for a direction for disposal of both the interlocutory application and the revision petition which are pending consideration before the 1st respondent. 10. The learned Senior Counsel further argues that in the meantime, the Andhra Pradesh Pollution Control Board (APPCB) issued proceedings dated 28.07.2025, calling for objections to the grant of a quarry lease in favour of the unofficial respondent No.5. The petitioner submitted his objections on 11.08.2025. 6 11. Learned Senior Counsel contends that the quarry lease granted in favour of the unofficial respondent was not done transparently; it was given in a closed-room situation, without following the tender process. 12. The 2nd respondent, while granting the quarry lease in favour of the 5th respondent, did not follow a transparent procedure and did not provide an opportunity for conducting a proper auction. The said auction was conducted in a closed-room manner, which would cause prejudice to the petitioner, especially during the pendency of the revision petition. 13. In view of the above, the Writ Petition is disposed of with a direction to the 1st respondent to dispose of first the interlocutory application, filed in the revision petition, within a period of four weeks from the date of receipt of a copy of this order and dispose of the revision petition within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 17.09.2025 BSK 7 08 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 24511 OF 2025 Date: 17.09.2025 BSK