APHC010163992026 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: 9291/2026 Between: 1. M/S. RAVITEJ PROJECTS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REPRESENTED BY ITS MANAGING DIRECTOR, SRI J. SRINIVAS, S/O. VENKATESWARA RAO, AGED 61 YEARS, R/0, D.NO. 9-138, ASHOK NAGAR, KANURU, VIJAYAWADA RURAL, NTR DISTRICT, ANDHRA PRADESH-520007. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, (INDUSTRIES AND COMMERCE (MINES) DEPARTMENT), SECRETARIAT, VELAGAPUDIL GUNTUR DISTRICT, ANDHRA PRADESH-522237. 2. THE DIRECTOR OF MINES AND GEOLOGY, IBRAHIMPATNAM, NTR DISTRICT ANDHRA PRADESH-521456. 3. THE DISTRICT MINES AND GEOLOGY OFFICER, ANAKAPALLI, ANAKAPALLI DISTRICT, ANDHRA PRADESH-531001. 4. THE DISTRICT MINES AND GEOLOGY OFFICER, VISHAKAPATNAM VISHAKAPATNAM DISTRICT, ANDHRA PRADESH-531001. ...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 of Mandamus or any other appropriate writ, order or direction, declaring the action of the Respondents in not processing and granting the 1st renewal of the Quarry Lease for Road Metal and Building Stone over an extent of 1.40 Hectares in Sy. No. 01 of Marturu Village, 2 Anakapalli Mandal and District, in spite of the direction of the 2nd respondent in Memo. 11879409/D3-VSP/2026 Dated 14.02.2026 as illegal, arbitrary, and violative of the Petitioner's fundamental and legal rights consequently, direct the Respondents to forthwith process the Petitioner's renewal application and pass final orders granting the 1st renewal of the said quarry lease for a period of 15 years w.e.f. 01.04.2023, in accordance with Rule 12(4)(b) and 12(4)(c)(iii) of the APMMC Rules, 1966, as amended by G.O.Ms.No.100, dated 26.06.2025 in the light of the Memo. 11879409/D3-VSP/2026 Dated. 14.02.2026 issued by the 2nd respondent 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 Respondents to forthwith process the Petitioner's renewal application and pass final orders granting the 1st renewal of the said quarry lease for a period of 15 years w.e.f. 01.04.2023, in accordance with Rule 12(4)(b) and 12(4)(c)(iii) of the APMMC Rules, 1966, as amended by G.O.Ms.No.100, dated 26.06.2025 in the light of the Memo: 11879409/D3- VSP/2026 Dated: 14.02.2026 issued by the 2nd respondent pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. V SAI 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: 9291 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 of Mandamus or any other appropriate writ, order or direction, declaring the action of the Respondents in not processing and granting the 1st renewal of the Quarry Lease for Road Metal and Building Stone over an extent of 1.40 Hectares in Sy. No. 01 of Marturu Village, Anakapalli Mandal and District, in spite of the direction of the 2nd respondent in Memo. 11879409/D3-VSP/2026 Dated 14.02.2026 as illegal, arbitrary, and violative of the Petitioner's fundamental and legal rights consequently, direct the Respondents to forthwith process the Petitioner's renewal application and pass final orders granting the 1st renewal of the said quarry lease for a period of 15 years w.e.f. 01.04.2023, in accordance with Rule 12(4)(b) and 12(4)(c)(iii) of the APMMC Rules, 1966, as amended by G.O.Ms.No.100, dated 26.06.2025 in the light of the Memo. 11879409/D3-VSP/2026 Dated. 14.02.2026 issued by the 2nd respondent 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-B of the petitioner dated 04.5.2022 for renewal of quarry lease to quarry road metal and building stone to an extent of 1.400 Hectares in Survey No.1 of Maruturu Village, Anakapalli Mandal and District, even after completion of all formalities as 4 mandated under the A.P. Minor Mineral Concession Rules 1966 which leads to prejudice to the rights of the petitioner. 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 5 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 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 6 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 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 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 09 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.9291 of 2026 Date: 07.05.2026 RMR