APHC010095092026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 5454/2026 Between: 1. SUBRAMANIAM PALANIAPPA GOUNDER, S/O. PALANIAPPA, AGED ABOUT 75 YEARS R/O 3-41, BHAVANI (V) AMMAPETAI (M), ERODE (DIST) TAMILNADU - 638311 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI., SECRETARY INDUSTRIES AND COMMERCE (MINES II) DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI 522 238 2. THE DIRECTOR OF MINES AND GEOLOGY, DEPARTMENT OF MINES AND GEOLOGY IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT 521 456 3. THE DISTRICT MINES AND GEOLOGY OFFICER, CHITTOOR, CHITTOOR DISTRICT 517 001 4. DIVISIONAL MINES AND GEOLOGY OFFICER, MADHANAPALLI, ANNAMAYYA DISTRICT. 517 325 ...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 or direction, more particularly one in the nature of Writ of Mandamus declaring action of the respondents for non processing of the petitioner quarry lease application for Black Granite, and grant quarry lease, over an extent of 4.00 Hectors in Sy.No.1490 of Badikayalapalli Village, B.Kothakota Mandal, Annamayya District (Erstwhile Chittoor District,) filed through the SDP vide Application ID No. MN0320000520, dated 23.02.2021 by Respondents, as arbitrary, ultra vires, 2 unjust, against principles of natural Justice and unconstitutional and contrary to the provisions of A.P. Minor Mineral Concession Rules, 1966 and consequently direct the Respondent authorities to consider the petitioner representation and direct the respondents to grant quarry lease , in favour of the petitioner and pass Counsel for the Petitioner: 1. G N UMA RANI Counsel for the Respondent(S): 1. GP FOR INDUSTRIES COMMERCE The court made the following ORDER: The writ petition is filed under Article 226 of the Constitution of India, seeking the following main prayer: “…..declaring action of the respondents for non processing of the petitioner quarry lease application for Black Granite, and grant quarry lease, over an extent of 4.00 Hectors in Sy.No.1490 of Badikayalapalli Village, B.Kothakota Mandal, Annamayya District (Erstwhile Chittoor District,) filed through the SDP vide Application ID No. MN0320000520, dated 23.02.2021 by Respondents, as arbitrary, ultra vires, unjust, against principles of natural Justice and unconstitutional and contrary to the provisions of A.P. Minor Mineral Concession Rules, 1966 and consequently direct the Respondent authorities to consider the petitioner representation and direct the respondents to grant quarry lease , in favour of the petitioner and pass…..” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Mines & Geology. 3. The petitioner is a senior citizen and permanent resident of Bhavani Village, Ammapetai Mandal, Erode District. 4. According to the learned counsel for the petitioner, the petitioner filed an application dated 23.02.2021 for quarry lease for black granite over subject land by way of Form-P under A.P. Minor Mineral Concession Rules, 1966, 3 before the 4th respondent. She submits that the said application was forwarded to the concerned Tahsildar, B. Kothakota Mandal, who issued NOC vide Roc.A/51/2021 dated 28.10.2021. She submits that thereafter, NOC was forwarded to the Assistant Director Mines & Geology, Palamaner, by the concerned Tahsildar, but due to the division of Districts, the application of the petitioner was transferred to the 4th respondent and is pending for necessary action. 5. Learned counsel for the petitioner also submits that in view of G.O.Ms.No.100 Industries & Commerce (Mines-II) Department dated 26.06.2025 issued by the Government of A.P., the petitioner has all prerequisites in the representation preferred on 23.02.2021, which is pending before the concerned authorities till today. He submits that the petitioner, having left with no other efficacious remedy, has approached this Court seeking appropriate directions. Learned counsel also relies on the orders dated 15.12.2025 passed by this Court in W.P.No.34454 of 2025. 6. On the other side, learned Assistant Government Pleader for Mines & Geology submits that the petitioner applied for quarry lease as per the procedure in vogue and the subject land is 500 meters adjacent to the Forest Area. She submits that permission has to be accorded from various departments, but in the present case, the same was not obtained by the petitioner. The learned Assistant Government also fairly submits that the concerned Tahsildar, B. Kothakota Mandal submitted report and issued no 4 objection to the Assistant Director for Mines & Geology with regard to the petitioner’s application. 7. At this juncture, it is apt to note that the Government of Andhra Pradesh has now issued new Minor Mineral Policy, 2025 vide G.O.Ms.No.100, Industries & Commerce (MINES-II) Department, dated 26.06.2025. As per the said G.O. all pending applications as of 13.03.2022 shall be considered for the grant of a lease, subject to the conditions specified. The relevant clause of the Policy provides as follows: “12 (2-A) Disposal of Pending Applications i. Notwithstanding anything stated in these rules, all applications filed for grant of Quarry Lease for minor minerals listed in Schedule IV and are pending as on 13 03 2022 shall become eligible, irrespective of any ineligible orders issued after the introduction of Andhra Pradesh Minor Mineral Auction Rules 2022 subject to the area applied was free and not covered in the orders issued for auction/ nomination/ allotment. ii. In the event of any conflict between applications filed for grant of Quarry Lease by applicants before 13.03.2022 which are now deemed eligible, and applications filed by APMDC or for other national/ state projects, under the provisions of Rule 11(1)(i) of these rules and pending for grant, the competent authority shall give priority to and consider for grant of quarry lease the applications submitted under Rule 11(1)(i) of these rules. iii. The deemed eligible applications under sub rule (i) shall be considered by Director or Deputy Director concerned, as the case may be, for grant of Quarry Lease subject to the applicant having first priority as on 13.03.2022, based on date of filing and other eligibility criteria and payment of one time of Annual Dead Rent as a security amount within a period of three months to the Head of Account prescribed by the Government from the date of issue of these rules. Provided that the applications which are rejected or withdrawn before 13.03.2022 and the applications, for which the application fee and security deposit not paid as per the prevailing rules on 13.03.2022 shall not be considered for grant. Provided 5 further that all other applications not having the priority as per this rule shall be deemed ineligible.” 8. In view of the aforesaid circumstances and also in view the recommendation made and NOC issued by the concerned Tahsildar to the Assistant Director of Mines & Geology, the writ petition is disposed of, with a direction to the 2nd respondent to consider the application dated 23.02.2021 of the petitioner as per G.O.Ms.No.100 dated 26.06.2025 (supra), within a period of (3) three months, from the date of receipt of copy of this Order. 9. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. _______________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 27.02.2026 GVK 6 144 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.5454 of 2026 Date: 27.02.2026 GVK