u IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY. THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 2742 OF 2021 Between: M/s. Emperical Minerals, Rep. by its Partner, M. Venkata Venkatadas, Aged 49 years, D.No.7-1-G9, Plot No. G 9, Road No.5F, Panchavati Colony, Manikonda, Ranga Reddy District-500089. Prasad S/o ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Industries and Commerce Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Director of Mines and Geology, Government of Andhra Pradesh Anjaneya Towers, Ibrahimpatnam, Vijayawada, Krishna District 3. The Assistant Director of Mines and Geology, Chittoor, Chittoor District. 4. The A.P. Industrial Infrastructure Corporation, Rep. by its Vice chairman and Managing Director, I.T. Park, Mangalagiri, Guntur District-522503 5. The Zonal Manager, A.P. Renigunta, Chittoor District. 6. The Tahasildar, Thottambedu Mandal, Srikalahasthi, Chittoor District. 7. The Station House Officer, Thottambedu Mandal, Srikalahasthi, Chittoor District. Industrial Infrastructure Corporation, ...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 an appropriate writ, order or direction more particularly in the nature of writ of mandamus declaring the action of the respondents 4 and 5 in interfering with the quarrying activities of the petitioner firm over an extent of 4.686 Hectares in Sy.No.134 of Routhusuramala Village, Thottambedu Mandal of Chittoor District as illegal arbitrary and violative of Articles 14 and 19(1) (g) of the Constitution of India. one lA NO: 1 OF 2021 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 4 and 5 not to interfere with the quarrying activities of the petitioner firm, over an extent of 4.686 Hectares in Sy.No.134 of Routhusuramala Village, Thottambedu Mandal of Chittoor District pending disposal of the writ petition. lA NO: 2 OF 2021 Between: 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Industries and Commerce Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Director of Mines and Geology, Government of Andhra Pradesh Anjaneya Towers, Ibrahimpatnam, Vijayawada, Krishna District " 3. The Assistant Director of Mines and Geology, Chittoor, Chittoor District. ...PETITIONERS/RESPONDENTS AND 1. M/s. Emperical Minerals, Rep. by its Partner, M. Venkata Prasad S/o Venkatadas, Aged 49 years, D.No.7-1-G9, Plot No. G 9, Road No.5F, Panchavati Colony, Manikonda, Ranga Reddy District-500089. ...RESPONDENT/WRIT PETITIONER 2. The A.P. Industrial Infrastructure Corporation, Rep. by its Vice chairman and Managing Director, I.T. Park, Mangalagiri, Guntur District-522503 The Zonal Manager, A.P. Industrial Infrastructure Corporation, Renigunta, Chittoor District. The Tahasildar, Thottambedu Mandal, Srikalahasthi, Chittoor District. The Station House Officer, Thottambedu Mandal, Srikalahasthi, Chittoor District. 3. 4. 5. ...RESPONDENTS/ RESPONDENTS (R2 to R5 are not necessary parties in this petition) 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 dismiss the writ petition by vacating the interim orders dated 08.02.2021 in lA.No. 1 of 2021 in WP.No. 2742 of 2021. •. y Counsel for the Petitioner: SRI MANOJ KUMAR BETHAPUDI Counsel for the Respondent Nos. 1 to 3: GP FOR MINES AND GEOLOGY Counsel for the Respondent No.6: GP FOR REVENUE Counsel for the Respondent No. 7: GP FOR HOME Counsel for the Respondent Nos. 4 & 5: SRI RAMA CHANDRA RAO GURRAM The Court made the following: ORDER t APHC010040862021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) a*® m [3310] MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 2742/2021 Between; M/s. Emperical Minerals, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.MANOJ KUMAR BETHAPUDI Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE 3. RAMA CHANDRA RAO GURRAM 4.GP FOR MINES AND GEOLOGY The Court made the following: ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 4 and 5 in interfering with the f HUill quarrying activities of the petitioner firm over an extent of 4.686 Hectares in Sy.No.134 of Routhusuramala Village Thottambedu Mandal of Chittoor District as illegal, arbitrary and violative of Articles 14 and 19(1) g of the Constitution of India and pass....” Heard Mr Manoj Kumar Bethapudi, learned counsel for the 2. petitioner and Smt P.Sudeepthi, learned Assistant Government Pleader for Mines and Geology appearing for the respondents. 3. During hearing, learned Assistant Government Pleader appearing for the respondents seeks time to file counter. On perusal of the proceeding sheet, it appears that though this Court has given ample opportunity to the respondents for filing counter affidavit, but the respondents did not file counter affidavit till date and they are seeking further time for filing counter affidavit. Hence, as per Rule 12 of the Writ Proceedings Rules the right of filing counter-affidavit by the respondent is forfeited. 4. Learned counsel for the petitioner submits that this Court on 08.02.2021 passed an interim order and requests to make the said interim order as absolute. The interim order granted by this Court on 08.02.2021 reads as follo\A/s;- 'Notice before admission. The learned counsel, Sri.J.UgraNarasimha takes notice on behalf of respondent No’s. 4 and 5. The learned Government Pleader for Mines and Geology takes notice for Respondent No’s. 2 and 3, the learned Government Pleader for Revenue takes notice for 6‘^ respondent and the learned Government Pleader for Home takes notice for 7'^ respondent. The learned counsel for the petitioner has mainly contended that originally the lease u/as granted in favour of M/s. Sal Jyothi Crushers for an extent of Ac. 4.686 hectares in Sy.No.134 of Routhusuramala village, Thottambedu Mandal, Chittoor District. Subsequently after due process of guarry lease held by M/s Sal Jyothi Crushers the same had been transferred in favour of the petitioner on 05.01.2017 after obtaining approvals from the concerned departments and since then the petitioner is in continuous possession over the said area. As per the averments in the Writ Petition, the officials of Andhra Pradesh Industrial Infrastructure Corporation (for short ‘APIIC’) are interfering vjith the quarrying activities of the petitioner over the said area and asking the petitioner to stop the mining activities. Hence the Writ Petition. \ The learned counsel appearing on behalf of 4‘^ and 5 respondents requests time to get instructions and submits that there are no material to show that APIIC is interfering with the possession of the petitioner in the said leased area. th Considering the above submissions, there shall be a direction to the respondents not to interfere with the possession of the petitioner over the subject land without following due process of law. Post the matter after four(4) weeks”. In view of the request made by learned counsel for the petitioner, 5. this Court deems it fit to dispose of the writ petition by making the interim order dated 08.02.2021 as absolute. Accordingly, this Writ Petition is disposed of while making the 6. interim order granted by this Court, dated 08.02.2021 as absolute, directing the respondents not to interfere with the possession of the petitioner over the subject land without following due process of law. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. SDl- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// t SECTION OFFICER To, 1. The Principal Secretary, Industries and Commerce Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Director of Mines and Geology, Government of Andhra Pradesh Anjaneya Towers, Ibrahimpatnam, Vijayawada, Krishna District 3. The Assistant Director of Mines and Geology, Chittoor, Chittoor District. 4. The Vice chairman and Managing Director, A.P. Industrial Infrastructure Corporation, I.T. Park, Mangalagiri, Guntur District-522503 .V 5. The Zonal Manager, A.P. Industrial Infrastructure Corporation Renigunta, Chittoor District. 6. The Tahasildar, Thottambedu Mandal, Srikalahasthi, Chittoor District. 7. The Station House Officer, Thottambedu Mandal, Srikalahasthi, Chittoor District. 8. One CC to Sri Manoj Kumar Bethapudi Advocate [OPUC] ^ [OIJT^^^ Geology, High Court of Andhra Pradesh. 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 11. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 12. One CC to Sri Rama Chandra Rao Gurram, Advocate [OPUC] 13. Three CD Copies TF HIGH COURT DATED:27/01/2025 ORDER WP.No.2742 of 2021 DISPOSING OF THE W.P., WITHOUT COSTS