APHC010721482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 567/2026 Between: 1. K. MOHAN KUMAR, S/O KANTHA RAO, AGED ABOUT 33 YEARS, R/O SANTHABOMMALI VILLAGE SANTHABOMMALI MANDAL, SRIKAKULAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS, PRINCIPAL SECRETARY, INDUSTRIES AND COMMERCE DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT 2. THE DIRECTOR OF MINES AND GEOLOGY, GOVERNMENT OF ANDHRA PRADESH, FLOORS, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT 3. THE DISTRICT MINES GEOLOGY OFFICER, (HEADED BY DEPUTY DIRECTOR) DISTRICT MINES GEOLOGY OFFICER, H NO.45/85-6, N.R. NAGAR SRIKAKULAM, SRIKAKULAM DISTRICT 4. THE DISTRICT MINES GEOLOGY OFFICER, (HEADED BY ASSISTANT DIRECTOR) DISTRICT MINES GEOLOGY OFFICER, H.NO.4-283, KRANTHI NAGAR, NEAR BHOMMALASATRAM SRIKAKULAM, SRIKAKULAM DISTRIC ...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 writ, order or direction more particularly one in the 2 nature of WRIT OF MANDAMUS, declaring the action of the respondents in not passing orders on the Petitioners Application dt. 14-05- 2018 for Grant of Quarry Lease for Road Metal Building Stone an extent of 7.80 Fleets in Sy.No.12 of Sivaramapuram Fl/o Santhabommali Village, Santhabommali Mandal. Srikakulam District submitted under A.P.M.M.C. Rules, 1966 as arbitrary, illegal principles of natural justice and Mines Minerals (Development Regulation) Act, 1957 and A.P. Minor Mineral Concession Rules, 1966 and conseguently direct the respondents to pass orders on the Petitioners application for grant of quarry lease for Road Metal and Building Stone an extent of 7.80 Meets, in Sy.No.12 of Sivaramapuram H/o Santhabommali Village, Santhabommali Mandal, Srikakulam District 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 pleased to direct the respondents to pass orders on Petitioner application dt. 14-05-2018 for grant of quarry lease for Grant of Quarry Lease for Road Metal & Building Stone an extent of 7.80 Meets, in Sy.No.12 of Sivaramapuram H/o Santhabommali Village, Santhabommali Mandal, Srikakulam District forthwith, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. P VIJAYA LAKSHMI Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 567/2026 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not passing orders on the Petitioner’s Application dated 14.05.2018 for Grant of Quarry Lease for Road Metal & Building Stone an extent of 7.80 Hects. in Sy.No.12 of Sivaramapuram H/o Santhabommali Village, Santhabommali Mandal, Srikakulam District submitted under A.P.M.M.C. Rules, 1966 as arbitrary, illegal, unjust, unconstitutional in violation of principles of natural justice and Mines Minerals (Development Regulation) Act, 1957 and A.P. Minor Mineral Concession Rules, 1966 and consequently direct the respondents to pass orders on the Petitioner’s application for grant of quarry lease for Road Metal and Building Stone an extent of 7.80 Hects. in Sy.No.12 of Sivaramapuram H/o Santhabommali Village, Santhabommali Mandal, Srikakulam District and pass such other order.” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Mines and Geology appearing for the respondents. 3. Learned counsel for the petitioner submits that the petitioner submitted his application on 14.05.2018 for grant of quarry lease for road metal and building stone to an extent of 7.80 Hectors in Sy.No.12 of Sivaramapuram H/o.Santhabommali Village, Santhabommali Mandal, Srikakulam District under A.P.M.M.C. Rules, 1966 pursuant to the policy formatted by the respondents. 4 Even though the application is pending since 2018, the respondent authorities neither considered the application by granting lease nor replied rejecting the claim of the petitioner. Hence, the present Writ Petition. 4. Learned Assistant Government Pleader furnished written instructions dated 24.01.2026, wherein it is stated as follows: “By that time, two(2) more applications are pending over the area applied by the petitioner as detailed in the following table. Hence, the petitioner was not having priority under rules. Sl. No Name of the applicant Date of application Mineral applied for Extent applied for File No. Remarks 1 Sri K Suresh Kumar 08.11.2016 Road Metal & Building Stone 7.81 Hects 4530/Q /2016 Rejected vide Procd.No.466/ Q/TKL/2020 Dt.06.11.2020 2 Sri Ch Satish Reddy 18.11.2016 Road Metal & Building Stone 7.81 Hects 4618/Q /2016 Rejected vide Procd.No.466/ Q/TKL/2020 Dt.27.10.2020 3 Sri K Mohan Kumar 18.05.2018 Road Metal & Building Stone 7.80 Hects 2308/Q /2018 Rejection as ineligible proposal submitted 4 Sri K.Vikranth 22.06.2020 Colour Granite 3.00 Hects 1267/Q /2020 Area allotted to M/s APMDC Ltd on nomination basis 5 Sri K.Kranthi Kumar 22.06.2020 Colour Granite 4.90 Hects 1268/Q /2020 Grant proposal submitted Further, it is submitted that true extract of Rule 11(1)(i) of Andhra Pradesh Minor Mineral Concession Rules, 1966 envisaged as follows: 5 “To grant the quarry lease for any minor minerals on nomination basis, for linear National/State Government projects.” Subsequently, the Government vide memo No.2713031/2025-M-III/412, Ind. & Com. (M-III), Dept., dated 11.02.2025 has accorded permission to the Department of Mines and Geology to grant quarry lease for Colour Granite over an extent of 3.000 Hects in Sy.No.12 of Santhabommali Village and Mandal, Srikakulam District on a nomination basis for taking of mining project to M/s.APMDC Ltd as per 11(1)(i) of APMMC Rules, 1966. Further, the applied area of Sri K.Mohan Kumar completely overlapped with the area allotted on nomination basis to M/s APMDC Ltd., being it is a Public Sector Unit and subsequent granite application filed by Sri K.Kranthi Kumar. Further, the Government vide G.O.Ms.No.57, Ind & Comm (Mines-II) dept., dated 18.04.2025 has introduced AP Minor Mineral Policy, 2025 and accordingly amendments were issued to APMMC Rules, 1966 vide G.O.Ms.No.100, Ind & comm. (Mines-11) Dept., Dt.26.06.2025. AS per rule 12(2-A) of APMMC Rules, 1966 envisaged that: “Disposal of pending applications:- Notwithstanding anything stated in these rules, all applications filed for grant of Quarry Lease for minor minerals listed in Schedule IV and are pending as on 13.03.2022 shall become eligible, irrespective of any ineligible orders issued after the introduction of Andhra Pradesh Minor Mineral Auction Rules 2022 subject to the area applied was free and not converted in the orders issued for auction/nomination/allotment.” Further, the remaining applied area of the petitioner Sri Kuchetti Mohan Kumar overlaps with the recommended area of Sri K.Kranthi Kumar for Colour Granite in Sy.No.12 of Santhabommali Village & Mandal in view of the Government Revenue Exchequer as 6 the Colour Granite is value added mineral than the road metal & building stone applied by the petitioner. Therefore, there is no possibility to grant quarry lease for the application filed by the petitioner Sri Kuchetti Mohan Kumar for the grant of quarry lease for road metal over an extent of 7.8 Hectares in Sy.No.12 of Santhabommali Village & Mandal, Srikakulam District at this stage as per prevailing rules in force, as part of applied area (3.00 Hects) is allotted to M/s.APMDC Ltd on a nomination basis under Rule 11(1)(i) of APMMC Rules, 1966 and the remaining applied area (4.54 Hects) is useful for cutting and polishing purpose as Colour Granite and also covered with quarry lease application filed for Colour Granite by Sri K.Kranthi Kuamr as the colour granite mineral fetches higher mineral revenue than road metal as per scheduled rates prescribed under Rule 10 of the Andhra Pradesh Minor Mineral Concession Rules, 1966.” 5. Learned Assistant Government Pleader submits that the consideration of the application of the petitioner is not possible due to the instructions as extracted above. However, since the counsel for the petitioner is insisting, the application of the petitioner would be considered and appropriate orders will be passed in accordance with law and with reference to the instructions submitted by the respondents dated 24.01.2026. 6. Heard both the learned counsel and perused the material placed on record as well as written instructions submitted by the respondents. Respondent Nos.3 and 4 are hereby directed to consider the application of the petitioner dated 14.05.2018 in respect of grant of quarry lease for road metal and building stone to an 7 extent of 7.80 Hectors in Sy.No.12 of Sivaramapuram H/o.Santhabommali Village, Santhabommali Mandal, Srikakulam District with reference to the instructions issued by the respondents and in accordance with law and pass appropriate orders within a period of four (4) weeks from the date of receipt of copy of this Order. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 27.01.2026 TTPPSS 8 56 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 567/2026 27.01.2026 TTPPSS