IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 5079 OF 2025 Between: Dedekula Bujji, S/o. Pakeeraiah, Aged 59 Years, R/o. Near Sri Vidya School Kondamodu Village, Rajupalem Mandal, Palnadu District (Erstwhile Guntur District). ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Industries and Commerce (Mineral) Department Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Director, Mines and Geology Department Ibrahimpatnam, Vijayawada, NTR District. 3. The Deputy Director, Mines and Geology Department, Guntur, Guntur District. 4. The Assistant Director, Mines and Geology Department Guntur, Guntur District. 5. The Tahsiidar, Rajupalem Mandal, Rajupalem, Palnadu District (Erstwhile Guntur District). ...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 one in the nature of Writ of Mandamus declaring the inaction of the Assistant Director of Mines and Geology / the 4th respondent herein in disposing the quarry lease application of petitioner dated 15.04.2006 as illegal, arbitrary and violative of principles of natural justice and consequently direct the Assistant Director of Mines and Geology / the 4th respondent to process the quarry lease application of the petitioner dated 15.04.2006 and grant to quarry lease to an extent of Ac.2.00 cents in Sy.No.358/48A of Kubadpuram, H/o. Kotanemalipuri Village, Rajupalem Mandal, Guntur District. lA 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 Assistant Director of Mines & Geology / the 4th respondent to process the quarry lease application of the petitioner dated 15.04.2006 and grant to quarry lease to an extent of Ac.2.00 cents in Sy.No.358/48A of Kubadpuram, H/b. Kotanemalipuri Village, Rajupalem Mandal, Guntur District, pending disposal of the above writ petition. lA 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 direct the 5th respondent not to issue any NOC to the land for which the petitioner made quarry lease application and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case, pending disposal of the above writ petition. Counsel for the Petitioner: SRI. P KAMLAKAR Counsel for the Respondent No.1: GP FOR INDUSTRIES COMMERCE Counsel for the Respondent No.2 to 4: GP FOR MINES AND GEOLOGY Counsel for the Respondent No.5: GP FOR REVENUE r The Court made the following order: APHC010094662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 5079/2025 Between: ...PETITIONER Dudekula Bujji AND ...RESPONDENT(S) The State of Andhra Pradesh and Others Counsel for the Petitioner: 1. P KAMLAKAR Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR INDUSTRIES COMMERCE 3.GP FOR MINES AND GEOLOGY The Court made the following: ORDER: Heard Sri P.Kamalakar, learned counsel for the petitioner and Ms. Sudeepthi Potiuri, learned Assistant Government Pleader for Mines and Geology for the respondents. Challenging the action of the 4*^ respondent in not processing the application filed by the petitioner on 15.04.2006 for grant of quarry lease to 2. the petitioner in an extent of Ac.2.00 cents in Sy.No.358/48A of Kubadpuram, H/o. Kotanemalipuri Village, Rajupalem Mandal, Guntur District, the present writ petition is filed. 3. It is contended that the petitioner has made an application on 15.04.2006 for grant of quarry lease and has also paid requisite fee of Rs. 1,500/- through Challan No.604 dated 15.04.2006. The said application is still pending for consideration. 4. Learned counsel for the petitioner contends that in terms of proviso to Rule 13 (2) of Andhra Pradesh Minor Mineral Concession Rules, 1966 (for short “the Rules”), whenever such an application is filed for grant of quarry lease is rejected or deemed to have been rejected, under these rules, the fee paid by the applicant under sub-rule (1) of Rule 12 of the Rules shall be refunded to the applicant. 5. It is argued that since such a refund has not been made by the authorities to the petitioner, it is presumed that the application is still pending for consideration by the authorities. He further contends that the department is proposing to grant a quarry lease in respect of the subject land in favour of some third parties, under the circumstances, since the application filed by the petitioner is prior in time and as old as twenty The petitioner's application should be considered first before any license is granted in favour of a third party. years. i ► 3 Learned counsel for the petitioner in support of his contention that 6. the authorities should dispose of the application received for quarry lease in the order of their receipt, relies on a decision of this Court in the case of "R.V.Granites, represented by its Managing Partner, Smt S.Padmavathi Vs. State of Andhra Pradesh represented by its Principal Secretary, Industries and Commerce (Mines.ll) Department, Amaravati, Guntur District and others^". Thus, he contends that the respondent should have considered his application and passed appropriate orders. Learned Assistant Government Pleader for Mines and Geology 7. Ms. Sudeepthi Potiuri, appears for the respondents and argues that new mining policy is in vogue in terms of G.O.Ms.No.14, further relies on a decision of this Court in W.P.No.32327 of 2015, wherein it was observed as follows: "8. As per the G.O.Ms.No.14, dated 14.03.2022, in the exercise of the powers conferred by Sections 15 and 23C of the Mines and Minerals (Development and Regulation) Act, 1957, the rules regulating the grant of mining leases in respect of minor minerals in the State of Andhra Pradesh by conducting E-Auctions with the rules and the same were notified with effect from 15.03.2022. 9. On considering the above submissions of learned Government Pleader and upon perusing the entire material on ^ 2020 (5) ALT 137 (S.B) 4 record, this Court is of the considered opinion that, in view of the changing policy of the Government for granting lease by way of E-Auction, nothing survives in the writ petition for any further adjudication and the same is liable to be closed. ” In reply, the learned counsel for the petitioner contends that the said policy cannot be applied to his case in as much as the petitioner has sought for mining lease for two Acres. Therefore, the said G.O., has no application to the case of the petitioner. Considered the rival submissions. Since the application filed by the petitioner is as long as twenty years, nothing has been stated by the petitioner as to further efforts made by him with the department for consideration of the application said to have been filed on 15.04.2006. Having regard to the same, this Court is of the considered view directions to consider the application filed around twenty years ago would not arise now. However, the petitioner is at liberty to file a fresh application seeking a quarry lease in respect of the subject land to the authorities. On filling of such an application, the 4^'' respondent shall consider and pass appropriate orders on the application after giving opportunity to the petitioner. 8. 9. 10. With the above direction, the writ petition is disposed of. There shall 11. be no order as to costs. 5 As a sequel, all pending miscellaneous applications shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// ' SECTION OFFICER I To, 1. The Principal Secretary, Industries and Commerce (Mineral) Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Director, Mines and Geology Department Ibrahimpatnam, Vijayawada, NTR District. 3. The Deputy Director, Mines and Geology Department, Guntur, Guntur District. 4. The Assistant Director, Mines and Geology Department Guntur, Guntur District. 5. The Tahsildar, Rajupalem Mandal, Rajupalem, Palnadu District (Erstwhile Guntur District). 6. One CC to Sri. P Kamlakar Advocate [OPUC] 7. Two CCs to GP For Industries Commerce, High Court Of Andhra Pradesh. [OUT] 8. Two CCs to GP For Mines and Geology, High Court Of Andhra Pradesh. [OUT] 9. Two CCs to GP For Revenue, High Court Of Andhra Pradesh. Three CD Copies [OUT] 10. GSC HIGH COURT DATED:06/03/2025 ORDER WP.No.5079 of 2025 * 1 { MAR 2025 - I ^ . Ci»rf«nt Section \ DISPOSING OF THE WP WITHOUT COSTS