1 APHC010189442026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 10995 OF 2026 Between: 1. Vallurupalli Satya Gnana Prasunamba, W/o Late Vallurupalli Venkata Ram Prasad, Aged about 74 years, R/o D.No.10/154/A1, 1st Floor, Sri Sai Residency, 3rd Line, Rajendra Nagar, Gudivada, Krishna District. Represented by GPA Holder, Kolli Sri Naga Sai, S/o Kolli Shyamala Rao, Aged about 29 years, R/oD.No.9-213, 1st Floor S.E.R. Centre, Prasadampadu, Vijayawada Rural- 521108, Krishna District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District - 522237. 2. The District Collector, Collectorate, Machilipatnam, Krishna District- 521001. 3. The Tahsildar, Gannavaram Mandal, Krishna District. 521101. 4. The District Mines Geology Officer, Krishna District, Vijayawada- 520008. ...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 a Writ of Mandamus declaring the action of the 3rd Respondent Tahsildar, Gannavaram Mandal, Krishna District, in issuing/recommending the proceedings vide Rc.No.A/563/2025 dated 2 08.01.2026 addressed to the 4TH Respondent (District Mines and Geology Officer, Krishna District, Vijayawada) recommending cancellation of the Petitioners lawful quarry lease granted in respect of Ac.5.00 cents in R.S.No.860/1 of Vedurupavuluru Village, Gannavaram Mandal, Krishna District, as illegal, arbitrary, mala fide, without jurisdiction and without authority of law, inasmuch as the 3rd respondent has no statutory authority or jurisdiction under the A.P. Minor Mineral Concession Rules, 1966 to interfere with or recommend cancellation of a quarry lease granted by the competent mining authority, and as being violative of the principles of natural justice and the petitioner constitutional rights guaranteed under Articles 21 and 300-A of the Constitution of India, and consequently set aside the said proceedings Rc.No.A/563/2025 dated 08-01- 2026 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 STAY the operation of the proceedings vide Rc.No.A/563/2025 dated 08.01.2026 issued/recommended by the 3'"'^ Respondent Tahsildar, Gannavaram Mandal, Krishna District to the Respondent (District Mines and Geology officer, Krishna District, Vijayawada), recommending cancellation of the Petitioner’s lawful quarry lease granted over an extent of Ac.5.00 cents in R.S.No.860/1 of Vedurupavuluru Village, Gannavaram Mandal, Krishna District, and consequently direct the Respondents not to interfere with the Petitioner’s lawful quarry mining operations in the said patta land, pending disposal of the present Writ Petition and pass Counsel for the Petitioner: N V MOHANA RAO Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents:GP FOR MINES AND GEOLOGY The Court made the following order: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No: 10995 of 2026 ORDER: The instant writ petition has been filed under Article 226 of Constitution of India seeking the following main prayer: “to issue an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus declaring the action of the 3rd Respondent Tahsildar, Gannavaram Mandal, Krishna District, in issuing/recommending the proceedings vide Rc.No.A/563/2025 dated 08.01.2026 addressed to the 4th Respondent (District Mines and Geology Officer, Krishna District, Vijayawada) recommending cancellation of the Petitioners lawful quarry lease granted in respect of Ac.5.00 cents in R.S.No.860/1 of Vedurupavuluru Village, Gannavaram Mandal, Krishna District, as illegal, arbitrary, mala fide, without jurisdiction and without authority of law, inasmuch as the 3rd respondent has no statutory authority or jurisdiction under the A.P. Minor Mineral Concession Rules, 1966 to interfere with or recommend cancellation of a quarry lease granted by the competent mining authority, and as being violative of the principles of natural justice and the petitioner constitutional rights guaranteed under Articles 21 and 300-A of the Constitution of India, and consequently set aside the said proceedings Rc.No.A/563/2025 dated 08-01- 2026 and pass…..” 2. Heard Ms.K.V.N.Pallavi, counsel representing Mr.N.V.Mohana Rao, learned counsel for the petitioner, as well as the learned Government Pleader for Mines & Geology, representing the respondents. 4 3. The sum and substance of the writ petition is that the petitioner is having quarry lease over an extent of 4.75 Acres/1.920 hectors in R.S.No.860/1 of Vedurupavuluru village, Gannavaram Mandal, Krishna District. 4. According to the learned counsel for the petitioner, the petitioner is doing his mining works in terms of the lease granted within the stipulated permits only. The principle grievance of the petitioner is that the 3rd respondent addressed a communication vide Rc.No.A/563/2025 dated 08.01.2026 to the 4th respondent where under, he proposed to cancel the quarry lease granted in favour of the petitioner. She further submits that as per the provisions of APMMS Rules, 1966 the Tahsildar has no jurisdiction to cancel the lease granted by the mining authorities. As such, the very proceedings/communication of the 3rd respondent itself is without jurisdiction, arbitrary and illegal and also in violation of principles of natural justice as no notice is communicated to the petitioner before addressing such communication to the 4th respondent. 5. Conversely, the learned Assistant Government Pleader for Mines & Geology submits that though they received the communication dated 08.01.2026 from the 3rd respondent, the 4th respondent had not acted upon the same as the same is beyond the jurisdictional powers of 4th 5 respondent. As such, they have not initiated any action basing upon the said communication dated 08.01.2026 received from the 4th respondent. 6. By recording the submission made by the learned Assistant Government Pleader for Mines & Geology, the writ petition is disposed of in the following terms: (i) The impugned communication, vide Rc.No.A/563/2025 dated 08.01.2026 of the 4th respondent is hereby set aside on the ground of jurisdiction. (ii) However, it is left open to the respondent mining authorities to act in accordance with law by duly providing opportunity to the petitioner before initiation of any action in respect of the subject lease area. There shall be no order as to costs. Miscellaneous petitions pending if any, shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 07.05.2026 Rns 6 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.10995 of 2026 Date: 07.05.2026 Rns