APHC010458532026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE 11th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24949 OF 2026 Between: 1. GIRIJA MANGANESE MINE, Rep., by its GPA Holder, Sri Chandresh Thakkar, S/o late Purushottam Bhai Thakkar, Aged about 50 years, R/o 49- 24-71, 3rd Floor, Main Road, Opp. Sankara Matham Temple, Madhuranagar, Visakhapatnam. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep., by the Principal Secretary, Mines and Geology Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District.522237 2. The State of Andhra Pradesh, Rep., by the Special Chief Secretary, Environment, Forests, Science Technology Department, A.P. Secretariat, Velagapudi, Amaravati, 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 action of the respondent authorities in not granting forest clearance certificate for the mining lease of petitioner's manganese ore over an extent of 29.48 hectares in Poram RF-II, 2 Chintalavalasa village, Ramabhadrapuram Mandal, Vizianagaram District contrary to the proceedings in F.No.11-51/2015-FC, dated 01.04.2015 and copies of letters dated 16.5.2025 and 24.2.2025 and in pursuance of G.O.Ms.No.13, dated 10.03.2021, which is co-terminus with the mining lease period up to 26.08.2027, in accordance with G.O. Ms. No. 13, dated 10.03.2021, and the provisions of the MMDR (Amendment) Act, 2015, as arbitrary, illegal, null and void, against the norms of public policy and principles of natural justice and to issue a consequential direction directing the respondent authorities to grant forest clearance certificate to the mining lease of petitioner's manganese ore over an extent of 29.48 hectares, which is co-terminus with the mining lease period up to 26.08.2027, in accordance with G.O. Ms. No. 13. dated 10.03.2021, and the provisions of the MMDR (Amendment) Act, 2015 IA NO: 1 OF 2026 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 respondent authorities to grant forest clearance certificate to the mining lease of petitioner's manganese ore over an extent of 29.48 hectares in Poram RF-II, Chintalavalasa village, Ramabhadrapuram Mandal, Vizianagaram District in pursuance of G.O.Ms.No.13, dated 10.3.2021, pending disposal of the above writ petition Counsel for the Petitioner: VENKAT SAILENDRA G Counsel for the Respondents: GP FOR FORESTS Counsel for the Respondents:GP FOR MINES AND GEOLOGY The Court made the following order: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24949 OF 2026 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue an appropriate writ, order or direction, More particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not granting forest clearance certificate for the mining lease of petitioner's manganese ore over an extent of 29.48 hectares in Poram RF-II, Chintalavalasa village, Ramabhadrapuram Mandal, Vizianagaram District contrary to the proceedings in F.No.11- 51/2015-FC, dated 01.04.2015 and copies of letters dated 16.5.2025 and 24.2.2025 and in pursuance of G.O.Ms.No.13, dated 10.03.2021, which is co-terminus with the mining lease period up to 26.08.2027, in accordance with G.O.Ms.No.13, dated 10.03.2021, and the provisions of the MMDR (Amendment) Act, 2015, as arbitrary, illegal, null and void, against the norms of public policy and principles of natural justice and to issue a consequential direction directing the respondent authorities to grant forest clearance certificate to the mining lease of petitioner's manganese ore over an extent of 29.48 hectares, which is co-terminus with the mining lease period up to 26.08.2027, in accordance with G.O.Ms.No.13, dated 10.03.2021, and the provisions of the MMDR (Amendment) Act, 2015 and to pass such other order or orders….” 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 4 3. The case of the petitioner is that, originally lease was granted vide G.O.Ms.No.391, dated 24.04.1957 for a period of 20 years in favour of Sri P.Subhadra Raju over an extent of 267.00 Acres of RF Poram Block-II in Chintalavalasa village, Salur Taluq of erstwhile Srikakulam District and lease deed was executed on 30.08.1957 and it was in force upto 29.08.1977. Subsequently, the said lease was transferred in favour of Y.V.Krishna Rao vide G.O.Ms.No.804, dated 17.09.1969 and the application dated 27.08.1976 filed by Y.V.Krishna Rao for grant of first renewal was rejected by the respondents vide G.O.Ms.No.150, dated 04.03.1978 and further, Ministry of Steels & Mines, Government of India vide Lr.No.5(36)/85-M.V, dated 14.01.1987 set aside the renewal rejection orders issued and remanded the case to the State Government with a direction to decide the case afresh. Accordingly, the State Government accorded approval for renewal of Mining lease over the broken area of 29.48 Hectares of forest land in forest Block-II of the Poram Reserve Forest of Vizianagaram District for extraction of Manganese Ore on 20 years lease in favour of Y.V.Krishna Rao. While so, the then lessee Y.V.Krishna Rao expired on 11.08.2006 and the ADMG Vizianagaram vide his proceedings No.760/M/1997, dated 10.10.2006 declared Y.P.Ramarao as successor lessee to Y.V.Krishna Rao and subsequently, Y.P.Ramarao also expired on 25.01.2017 and Smt.Y.Suvarchala, widow of Y.P.Ramarao has been declared as successor lessee vide proceedings No.760/M/1997, dated 23-08-2017 of the ADMG, Vizianagaram. Further, as per G.O.Ms.No.42, dated 06.03.1997 the 5 Government re-granted the subject lease for a period of 20 years with effect from the date of execution of lease deed i.e. on 27.08.1997 in favour of Sri Y.V.Krishna Rao. As per amendment to the Mines and Minerals (D&R) Act, 1957 (hereinafter referred as ‘the Act’) in Section 8-A (6) of the Act, the lease is deemed to be extended for a period of 50 years and the department of Industries and Commerce (Mines) vide a letter dated 08.02.2018 sought clarification from the respondents for granting extension of mining lease in favour of the petitioner. Thereupon another reminder has been issued by the Department of Mines on 23.09.2019. The Ministry of Mines has issued proceedings dated 18.03.2020 to take action as per Section 8A(6) of the Act and thereafter the petitioner submitted a representation to the respondent authorities on 28.05.2020 for grant of extension of lease period as per the Section 8A(6) of the Act. But the respondent authorities did not take any action. Hence, the Writ Petition. 4. Learned counsel for the petitioner submits that while mining lease is extended by virtue of the amendment Act 2015 (MMDR Act, 2015), the extension of forest clearance was expired. For which, the petitioner herein submitted a representation on 06.08.2025 seeking for forest clearance. He further submits that as per the memo dated 01.04.2015 issued by the Ministry of Environment, Forests and Climate Change in respect of the Minerals specified in Sub-Section(1) of Section 8A of the MMDR Act, 1957 as inserted by the Mines and Mineral (Development and Regulation) Amendment Ordinance, 2015, period of validity of approvals accorded under Section 2 of 6 the FC Act, 1980, shall be extended and shall be deemed to have been extended upto a period co-terminus with the period mining lease in accordance with the provisions of the MMDR Act, 1957 granted in favour of the lease holders. Therefore, the petitioner is entitled to have forest clearance in respect of the subject land with immediate effect. Basing upon the request of the petitioner and letter addressed by the respondent No.2, Union of India issued proceedings dated 16.05.2025 directing that permission should be granted for extension of mining lease with immediate effect as per the guidelines as mentioned in the proceedings dated 16.05.2026. However, in view of the proceedings issued by the Union of India, the petitioner is entitled for forest clearance with immediate effect since the petitioner’s is valid upto 26.08.2027 only. 5. On the other hand, learned Government Pleader for the respondent No.2 furnished written instructions submitted by the respondent No.2 wherein, it is stated as under: “Further, the MoEF&CC (FC Division), New Delhi, vide letter dated 16.05.2025, informed that the mining lease is valid upto 26.08.2027 and stated that the State Government may take necessary action to extend the validity of the Forest Clearance upto 25.08.2027, in accordance with the extant rules and guidelines and subject to fulfillment of the stipulated conditions.” 6. Learned Government Pleader further submits that the representations submitted by the petitioner are under consideration and the permission can be accorded within a reasonable period not more than period of three weeks from today. 7 7. Considering the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present Writ Petition can be disposed of, directing the respondent No.2 herein to issue forest clearance as required and as undertaken through written instructions within a period of three (03) weeks from the date of receipt of a copy of the order. 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. __________________________________ VENKATESWARLU NIMMAGADDA, J 11.09.2026 NOTE: C.C. by three (03) days (B/o) BSP 8 16 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24949 OF 2026 11.09.2026 NOTE: C.C. by three (03) days (B/o) BSP