APHC010641482013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] SATURDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 27038/2013 Between: 1. BAIDULAPURAM SIMHACHALAM, S/O ADANNA, AGED 34 YEARS 2. PEDDINTI RAVI, S/O BHEEMA RAO AGED 24 YEARS BOTH ARE RESIDENTS OF RANKINI VILLAGE THIDDIMI POST, PATHAPATNAM MANDAL SRIKAKULAM DISTRICT ...PETITIONER(S) AND 1. THE DIRECTOR OF MINES GEOLOGY, BRKR BHAVAN, HYDERABAD. 2. THE PRL CHIEF CONSERVATOR OF FORESTS, (HEAD OF FOREST FORCE), ANDHRA PRADESH, "ARANYA BHAVAN", SAIFABAD, HYDERABAD 3. THE DISTRICT COLLECTOR, SRIKAKULAM 4. THE ASST DIRECTOR, MINES AND GEOLOGY TEKKALI, SRIKAKULAM DISTRICT. 5. THE TASHILDAR, PATHAPATNAM MANDAL, SRIKAKULAM DISTRICT 6. THE PANCHAYAT EXTENSION RURAL DEVELOPMENT OFFICER, (EOPRD) PATHAPATNAM MANDAL, SRIKAKULAM DISTRICT. 7. M/S ADIVASI GRANITES MINERALS, REP BY ITS PROPRIETOR CHINNAPADMAPURAM VILLAGE, PATHAPATNAM MANDAL, 2 SRIKAKULAM DISTRICT ...RESPONDENT(S): Counsel for the Petitioner(S): 1. S SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. GP FOR FORESTS 4. GP FOR MINES AND GEOLOGY The Court made the following: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO:27038 of 2013 ORDER:- The Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “….to issue writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents granting Granite quarry lease over an extent of 3.0000 Hectares in Sy.No.267 of Chinnapadmapuram village Pathapatnam Mandal Srikakulam in favour of 7th Respondent vide proceedings No.44258/R11/2009 dated 12.12.2011 is illegal arbitrary and contrary to the Mines Mineral Development & Regulation Act 1957 Sec 2 of Forest Conservation Act 1980 Environmental Protection Act 1986 and Forest Rights Act 2006 Articles 243B, 244, 14 and 21 of Constitution of India and Consequently Set aside Granite quarry lease over an extent of 3.0000 Hectares in Sy.No.267 of Chinnapadmapuram village Pathapatnam Mandal Srikakulam District in favour of 7th Respondent vide proceedings No.44258/R11/2009 dated 12.12.2011 and further direct the respondents to Grant pattas to petitioners for cultivating lands in Sy.No.267 Chinnapadmapuram village Pathapatnam Mandal under Forest Rights Act and to pass…” 2. Heard learned counsel for the petitioners, learned Assistant Government Pleader for Mines & Geology and learned Assistant Government Pleader for Forests. There is no representation for the 7th respondent. 3. Learned counsel for the petitioners submits that the petitioners challenge the action of the official respondents in issuing the Granite quarry lease over an extent of 3.0000 Hectares in Sy.No.267 of Chinnapadmapuram Village, Pathapatnam Mandal, Srikakulam District in favour of 7th respondent vide proceedings No.44258/R1-1/2009 dated 12.12.2011 for a period of twenty years as illegal and arbitary. 4 4. In response to that, the 4th respondent - Assistant Director of Mines and Geology, Tekkali, Srikakulam District filed a Counter-Affidavit stating that after issuing the Show Cause notice to the 7th respondent, the quarry lease granted in favour of 7th respondent was determined vide proceedings No.12494/R1-1/ 2015, dated 28.03.2018 and the same was communicated to the 7th respondent also and requested this Court to close the writ petition. 5. On perusal of the Counter – Affidavit filed by the 4th respondent, it is noticed that the lease granted in faovur of the 7th respondent was determined vide proceedings No.12494/R1-1/2015, dated 28.03.2018, wherein the relevant portion is extracted hereunder: “26. Further, the Director of Mines and Geology, Ibrahimpatnam, has issued Show Cause Notice vide No.12494/R1-1-2015, dated 12.10.2015 to M/s. Adivasi Granites and Minerals calling for explanation as to why action should not be taken for determination of the quarry lease in question for non-payment of Advance Dead rent and other MR arrears and other violation committed certain violations under Rule 12(5) (h)(vii)(b) of APMMC Rules, 1966. But, the lessee firm failed to submit the compliance report to the Show Cause Notice. 27. Further, the Assistant Director of Mines and Geology, Tekkali once again requested vide Lr.No.2693/Q/2009, dt 01.03.2018 to the Director of Mines and Geology, Ibrahimpatnam to determine the quarry lease held by M/s. Adivasi Granties and Minerals, represented by its Executive Director Sri A. Balaram over an extent of 3.00 Hectares in Sy.No.267 of Chinnapadmapuram Village, Pathapatnam Mandal, Srikakulam District. 28. Further, it is to submit that, the Quarry Lease for Colour Granite held by M/s. Adivasi Granites and Minerals, Rep. by its Executive Director: Sri A. Balaram over an extent of 3.00 Hectares in Sy.No.267 of Chinnapadmapuram Village, Pathapatnam Mandal, Srikakulam District has been determined vide Director of Mines and Geology, Ibrahimpatnam Proceedings No.12494/R1-1/2015, dated 28.03.2018 under Rule 12(5)(hj)(vii)(b) & (xii) of Andhra Pradesh”. 6. Thus, in view of the above facts and circumstances, coupled with the assertions made by the learned Assistant Government Pleader for Mines & 5 Geology as well as the learned Assistant Government Pleader for Forest, the cause in the writ petition does not survive for further adjudication. 7. Accordingly, the writ petition is closed. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, pending if any, shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 07.03.2026 KNN 6 63 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO:27038/2013 07.03.2026 KNN