APHC010004692026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 505/2026 Between: 1. THE RAMCO CEMENTS LIMITED, (FORMERLY MADRAS CEMENTS LIMITED) KUMARASAMY RAJANAGAR, JAGGAYYAPET MANDAL, NTR DISTRICT, 521457, REP. BY SRI ASHISH KUMAR SRIVASTAVA, SENIOR PRESIDENT (MANUFACTURING) ...PETITIONER AND 1. THE REGIONAL CONTROLLER OF MINES, VIJAYAWADA REGION, INDIAN BUREAU OF MINES, D.N0.27G7-158, STALIN CENTRAL, 3RD FLOOR, MG ROAD, GOVERNOR PET, VIJAYAWADA-520002. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, INDUSTRIES AND COMMERCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT MINES AND GEOLOGY OFFICER, C/O. THE DISTRICT MINES AND GEOLOGY, VIJAYAWADA, NTR DISTRICT ...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 toPleased to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the action of the 1st respondent in keeping the petitioners request pending since 05.08.2025 without assigning the Mining Code is highly arbitrary, illegal, unjustified and unsustainable under 2 Law and consequently direct the 1st respondent to assign the mine code forthwith in the interest of justice and to pass 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 Pleased pass an interim order directing the 1st respondent to assign the Mine Code in order to facilitate the petitioner to complete the other statutory formalities and to start mining operations in the interests of justice. Counsel for the Petitioner: 1. VENKATRAM REDDY MANTUR Counsel for the Respondent(S): 1. DEPUTY SOLICITOR GENERAL OF INDIA 2. GP FOR MINES AND GEOLOGY The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 505/2026 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in keeping the petitioner’s request pending since 05.08.2025 without assigning the Mining Code is highly arbitrary, illegal, unjustified and unsustainable under Law and consequently direct the 1st respondent to assign the mine code forthwith in the interest of justice and pass such other order.” 2. Heard Sri P.Girish Kumar, learned Senior Counsel for the petitioner, learned Standing Counsel for respondent No.1 and the learned Assistant Government Pleader for respondent Nos.2 and 3. 3. Learned Senior Counsel for the petitioner submits that the petitioner was granted lease hold rights by way of entered lease agreement dated 26.04.2024. The said lease was registered on 21.05.2024. Even though the lease was registered in favour of the petitioner, but so far respondent No.1 did not take any steps to grant mining code as required from the date of execution of the lease deed. Even though the petitioner has been representing and requesting time and again for grant of mining code, but for one reason or the other respondent No.1 did not grant mining code till today. Hence, the Writ Petition. 4 4. Learned Senior Counsel for the petitioner further submits that if the lease was not commenced by the petitioner within a period of two years from the date of execution of the lease deed, the lease which was already accorded would be cancelled by the respondent authorities on the ground that the petitioner is unable to carryout the execution of lease and not complied with the terms of the lease. The period of commencement of lease will be ended within a period of two months. If respondent No.1 did not granted mining code in two months, the petitioner would suffer irreparable loss. Hence, he prayed for a direction to the respondent authorities particularly to the respondent No.1 to grant mining code and to commence the lease in terms of lease deed within a short period. 5. On the other hand, learned Standing Counsel for respondent No.1 submits that since mining lease was already granted/executed in favour of the petitioner, assigning of mining code is a consequential action on the part of respondent No.1 and it should be done within the time frame by respondent No.1 as and when the request received from the petitioner. However, as claimed by the petitioner so far no mining code was granted, but it would be granted by respondent No.1 if otherwise eligible and appropriate orders would be passed within a period of two weeks. 6. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, this Court is 5 of the considered view that assigning or allotting of the mining code is an essential and mandatory obligation on the part of respondent No.1, after confirmation or execution of lease deed regarding the lease hold rights in favour of the petitioner. Therefore, respondent No.1 is hereby directed to assign or allot mining code, if the petitioner otherwise satisfies all other conditions if any, within a period of two(2) weeks from the date of receipt of copy of this Order. 7. With the above direction the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 29.01.2026 NNoottee:: CC..CC.. bbyy ttwwoo ddaayyss BB//oo..TTPPSS 6 30 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 505/2026 29.01.2026 NNoottee:: CC..CC.. bbyy ttwwoo ddaayyss BB//oo..TTPPSS