Extracted from the PDF above. The PDF is authoritative.
APHC010251312026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 13699/2026 Between:
1. R MURALI, , S/O. R. RANGASWAMY, AGED ABOUT 57 YEARS, R/O 102, SDBHA APARTMENT, NO.6. KAMARAJ AVENUE, 2ND STREET, ADAYAR, CHENNAI-600 020, TAMILNADU - 638311
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI., SECRETARY INDUSTRIES COMMERCE (MINES II) DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI 522 238
2. THE DIREBTOR OF MINES AND GEOLOGY, , DEPARTMENT OF MINES AND GEOLOGY IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT 521 45
3. THE DISTRIICT MINES AND GEOLOGY OFFICER, CHITTOOR, CHITTOOR DISTRICT 517 001
4. THE DIVISIONAL MINES AND GEOLOGY OFFICER, CHITTOOR, CHITTOOR DISTRICT. 517 001
...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 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 Building Stone Morram/Gravel, and Ordinary Earth, Road Metal and Ballast extent of 4.000 Hectors in Sy.No.85/1 of Taduku Village, Nagari Mandal, Chittoor District dated 04.01.2022, by Respondents, as arbitrary, unjust, against principles of natural Justice and unconstitutional and contrary to the provisions of A.P. Minor Mineral
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Concession Rules, 1966 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 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 consider the petitioner quarry lease application Building Morram/Gravel, and Ordinary Earth, Road Metal and Ballast over an extent of 4.000 Hectors in for Stone, Sy.No.85/1 of Taduku Village, Nagari Mandal, Chittoor District dated pending disposal of this writ petition and to pass Counsel for the Petitioner:
1. G N UMA RANI Counsel for the Respondent(S):
1. GP FOR MINES AND GEOLOGY The Court made the following:
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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 13699 of 2026
ORDER:-
The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking the following main prayer:
“….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 Building Stone, Morram/Gravel, and Ordinary Earth, Road Metal and Ballast extent of 4.000 Hectors in Sy.No.85/1 of Taduku Village, Nagari Mandal, Chittoor District dated 04.01.2022, by Respondents, as arbitrary, unjust, against principles of natural Justice and unconstitutional and contrary to the provisions of A.P. Minor Mineral Concession Rules, 1966 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 and also perused material on record.
3. According to the learned counsel for the petitioner, the petitioner filed an application dated 04.01.2022 seeking grant of a quarry lease for colour Granite over the subject land, by way of Form-P under A.P. Minor Mineral Concession Rules, 1966 before the mining authorities. He stated that the Tahsildar, Nagari erstwhile Chittoor District also submitted his no objection certificate (NOC) through Roc.A/45/2022 dated 18.02.2022.
4.
Learned counsel for the petitioner also submits that in view of G.O.Ms.No.100 Industries & Commerce (Mines-II) Department dated
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26.06.2025 issued by the Government of A.P., the petitioner has fulfilled all pre-requisites. In spite of the same, it is still pending consideration before the concerned mining authorities till today. It is submitted that, having been left with no other efficacious remedy, the petitioner has approached this Court seeking appropriate directions. Learned counsel also places reliance on the orders dated 15.12.2025 in W.P.No.34454 of 2025 and orders dated 17.02.2026 in W.P.No.5454 of 2026 passed by this Court. 5. Per contra, the learned Assistant Government Pleader for Mines & Geology submits that the petitioner applied for quarry lease vide application dated 04.01.2022. The learned Assistant Government also fairly submits that the concerned Tahsildar, Nagari Mandal submitted a report and issued no objection to the Assistant Director for Mines & Geology with regard to the petitioner’s application in view of administrative exigencies. 6. 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 on 13.03.2022 shall be considered for 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. 5
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 further that all other applications not having the priority as per this rule shall be deemed ineligible.”
7. In view of the aforesaid circumstances and also in view of the recommendation made and NOC vide Roc.A/45/2022 dated 18.02.2022 issued by the concerned Tahsildar to the Assistant Director of Mines and Geology, the writ petition is disposed of, with a direction to the 2nd respondent to consider the application dated 04.01.2022 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 a copy of this Order. 8. 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: 08.05.2026 RMR
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THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION No.13699 of 2026
Date: 08.05.2026
RMR