APHC010220632026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] THURSDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 12074/2026 Between: 1. VANASREE MINES AND MINERALS, REP. BY ITS PROPRIETOR G. VANAJA, AGED 51 YEARS, OCC. BUSINESS, R/O. HAWAMBAI, ASHOK NAGAR, BALLARY, KARNATAKA. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH.-522237 2. THE DIRECTOR OF MINES AND GEOLOGY, IBRAHIMPATNAM, VIJAYAWADA, ANDHRA PRADESH-521456 3. THE DISTRICT MINES AND GEOLOGY OFFICER, SRIKAKULAM, SRIKAKULAM DISTRICT.-532001 4. THE DIVISIONAL MINES AND GEOLOGY OFFICER, TEKKALI, SRIKAKULAM DISTRICT.-532201 ...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 an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the inaction of the respondents in disposing of the petitioner's renewal application dated 10- 08-2025 for renewal of a Colour Granite quarry lease to an extent of 4.000 Hectares in Sy.No.1 of Addukonda Village, Tekkali Mandal, Srikakulam District under A.P. Minor Mineral Concession Rules, 1966 even after all formalities are completed as mandated under rules to grant renewal of quarry lease as being arbitrary, illegal, and unconstitutional and contrary to Mines and Minerals (Development and 2 Regulation) Act, 1957 and the rules made there under apart from being of violation of Article 19 and 300-A of Constitution of India 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 2nd , 3rd and 4th respondents to consider the petitioners renewal application dated 10-08-2025 for renewal of a Colour Granite quarry lease to an extent of 4.000 Hectares in Sy.No.1 of Addukonda Village, Tekkali Mandal, Srikakulam District, forthwith pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. K NAVEEN KUMAR Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY The Court made the following: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 12074 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 an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the inaction of the respondents in disposing of the petitioner's renewal application dated 10- 08-2025 for renewal of a Colour Granite quarry lease to an extent of 4.000 Hectares in Sy.No.1 of Addukonda Village, Tekkali Mandal, Srikakulam District under A.P. Minor Mineral Concession Rules, 1966 even after all formalities are completed as mandated under rules to grant renewal of quarry lease as being arbitrary, illegal, and unconstitutional and contrary to Mines and Minerals (Development and Regulation) Act, 1957 and the rules made there under apart from being of violation of Article 19 and 300-A of Constitution of India and pass….” 2. Heard learned counsel for the petitioner. Also heard learned Assistant Government Pleader for Mines and Geology and perused the material on record. 3. The writ petition is filed aggrieved by the in action of the respondent Nos.3 and 4 in considering the application in the Form-Q of the petitioner dated 10.08.2025 for renewal of a Colour Granite quarry lease to an extent of 4.000 Hectares in Survey No.1 of Addukonda Village, Takkali Mandal, Srikakulam District, even after completion of all formalities as mandated under the A.P. Minor Mineral Concession Rules 1966 which leads to prejudice to the rights of the petitioner. 4 4. He further relied upon Rule 12(4)(3) of A.P. Minor Mineral Concession Rules, 1966 as inserted by virtue of G.O.Ms.No.100 dated 26.06.2025 issued by the Government of Andhra Pradesh wherein Rule 12(4)(3) specifically enunciate the procedure to process the renewal and its pre-requisites. By relying on the said Rules, learned counsel for the petitioner prays this Court to direct the respondent authorities to process the same at the earliest. 5. On the other hand, learned Assistant Government Pleader for Mines and Geology not disputed the rule position, however she states that the respondent authorities will consider the same by taking into consideration of all the aspects including subsequent developments which leads to procedural delay but not with any other intention at last, she prays six months time to process the same. 6. In this context, it is appropriate to extract the Rule 12(4)(3) of A.P. Minor Mineral Concession Rules, 1966; (4) For sub-rule (3), the following shall be substituted, namely: “(3) Application for Renewal: i. An application for renewal shall be filed to the Assistant Director/ Deputy Director concerned, as the case may be in Form Q accompanied by an application fee of Rs.10,000/-. ii. Director/Deputy Director concerned, as the case may be, shall grant renewal only upon receipt of an amount equivalent to 5 (five) times of Annual Dead Rent as premium amount, which is payable to two installments. However, for limestone slabs, premium amount is three times of Annual Dead Rent, which is payable in two equal 5 installments. Provided that, in case of associated minerals, the highest Dead Rent Amount available for one among the associated minerals shall be considered for estimation of premium amount. iii. The application shall be filed before 1 (one) year of expiry of the lease and each such application shall be accompanied by a plan drawn to the Scale duly signed by the applicant and by a qualified Surveyor and 1st installment of premium amount equivalent to 3 (three) times of Annual Dead Rent. iv. ….. v. ….. vi. In cases, where the application is filed within the stipulated time and not disposed of before the expiry of the lease, the period of quarry lease shall be deemed to have been extended till the renewal application is disposed of by the Director/Deputy Director concerned. vii. In cases where the quarry lease holders fail to apply for renewal of the lease before the expiry of the lease, the respective area shall be considered for grant as per the procedure mentioned in Rule 12 (1) & (2) of these rules. Deputy Director/Director concerned shall initiate the action to grant the lease accordingly. viii. If any application other than for grant of renewal filed on the same area before the expiry of the lease, those applications will be treated as premature applications. 7. By plain reading of above Rules, 1966 clearly reveals that, stipulation for renewal under Rule 12(4)(3) of the Andhra Pradesh Minor Mineral Concession Rules, 1966 provides that where a renewal application is submitted within the prescribed period and remains undisposed of before expiry of the lease, the quarry lease shall be deemed to continue until the competent authority passes orders on such renewal application. This rule further explains that in the event 6 the lease holder fails to apply for renewal before expiry of the lease period, the subject area becomes available for fresh grant in accordance with the procedure prescribed under Rule 12(1) and (2). It is also clarified that any applications made by third parties in respect of the same area before the expiry of the existing lease are liable to be treated as premature applications. 8. In view of the above statutory realm and taking into consideration of the pleas of respective parties, this Court is constrained to pass the following order; the respondent Nos.2 to 4 to take necessary action on the petitioner’s application dated 16.5.2023 for renewal of quarry lease, in accordance with law, as expeditiously as possible, within a period of ten (10) weeks from the date of receipt of a copy of this order. 9. With the above direction, the writ petition is disposed of. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 07.05.2026 RMR 7 15 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.12074 of 2026 Date: 07.05.2026 RMR