Extracted from the PDF above. The PDF is authoritative.
APHC010243572022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 16128/2022 Between:
1. K SIVA PRAKASH,, S/O KRISHRIAN,AGED ABOUT 50 YEARS , R/O D.NO.568/13B, TIRUVALLUVAR NAGAR, NEAR JHAKKAPPAN NAGAR,8TH CROSS, KRISHNAGIRI, TAMILNADU- 635001
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY MINES AND GEOLOGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. 2. THE DIRECTOR OF MINES AND GEOLOGY, 5TH FLOOR, BLOCK-B,SRI ANJANEYA TOWERS, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT. 3. THE ASSISTANT DIRECTOR MINES AND GEOLOGY, PALAMANER, CHITTOOR DISTRICT. 4. THE TAHSILDAR, GUDUPALLE, GUDUPALLE MANDAL, CHITTOOR DISTRICT.
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MRK,J
W.P.NO.16128 OF 2022
...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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in demanding the petitioner to remit the premium amount of Rs.15,19,700/-( Fifteen Lakhs Ninteen thousand and Seven hundred only) vide Proceedings Letter No.5412/D13-2/2021, dt.28.08.2021, which is equivalent to 10 times of annual dead rent as per the G.O.Ms.No.65 Industries and Commerce (Mines-III) Department, dt.4.8.2021 even before grant of mining lease over an extent of admeasuring 1.169 hectors against applied 2.000 hectors in Sy.No.103 and 89 of Kotamkanapalli Revenue Village of Gudupalli Mandal, Chittoor District, is highly illegal, arbitrary, violation of Articles 14, 19 (1) (g) and 21 of the Constitution of India and consequently direct the 2nd respondent to issue Letter of Intent (LOI) to the petitioner for an extent of admeasuring 1.169 hectors against applied 2.000 hectors in Sy.No.103 and 89 of Kotamkanapalli Revenue Village of Gudupalli Mandal, Chittoor District and pass IA NO: 1 OF 2022 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 to direct the 2nd respondent to issue Letter of Intent (LOT) to the petitioner for an extent of admeasuring 1.169 hectors against applied 2.000 hectors in Sy.No.103 and 89 of Kotamkanapalli Revenue Village of Gudupalli Mandal, Chittoor District, duly suspending the Letter No. 5412/D13-2/2021, dt.28.08.2021 of the 2nd respondent pending disposal of the writ petition, and pass Counsel for the Petitioner:
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MRK,J
W.P.NO.16128 OF 2022
1. J M NAIDU Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR MINES AND GEOLOGY The Court made the following:
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MRK,J
W.P.NO.16128 OF 2022
ORDER
This Writ Petition under Article 226 of the Constitution of India is filed for the 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 2nd respondent in demanding the petitioner to remit the premium amount of Rs.15,19,700/-(Fifteen Lakhs Ninteen thousand and Seven hundred only) vide Proceedings Letter No.5412/D13- 2/2021, dt.28.08.2021, which is equivalent to 10 times of annual dead rent as per the G.O.Ms.No.65 Industries and Commerce (Mines-III) Department, dt.4.8.2021 even before grant of mining lease over an extent of admeasuring 1.169 hectors against applied 2.000 hectors in Sy.No.103 and 89 of Kotamkanapalli Revenue Village of Gudupalli Mandal, Chittoor District, is highly illegal, arbitrary, violation of Articles 14, 19 (1) (g) and 21 of the Constitution of India and consequently direct the 2nd respondent to issue Letter of Intent (LOI) to the petitioner for an extent of admeasuring 1.169 hectors against applied 2.000 hectors in Sy.No.103 and 89 of Kotamkanapalli Revenue Village of Gudupalli Mandal, Chittoor District....”
2. When the matter is taken up for hearing, Mr.Naga Kishore,
learned counsel appeared through online on behalf of Mr.J.M.Naidu, learned counsel for the petitioner, submitted that in view of the subsequent G.O.Ms.No.100, Industries & Commerce (Mines-II) Department, dated 26.06.2025, the petitioner seeks permission of this Court to withdraw the writ petition with a liberty to work out his legal remedies.
3. Permission is accorded.
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MRK,J
W.P.NO.16128 OF 2022
4. Accordingly, the Writ Petition is dismissed as withdrawn. However, the petitioner is at liberty to work out his legal remedies in accordance with law. There shall be no orders as to costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _____________________________ MAHESWARA RAO KUNCHEAM,J
06.03.2026 LSP