Murali Krishna Constructions Vs the State of Ap

¶1

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

¶2

THURSDAY. THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

¶3

PRESENT

¶4

THE HON’BLE DR JUSTICE K MANMADHA RAO

¶5

WRIT PETITION NO: 300 OF 2025

¶6

Between:

¶7

Sri Murali Krishna Constructions, Rep.by its Managing^{PartnerG.Rambabu,} S/o. Moolayya Rajupalem Kirlampudi Mandal, Kakinada District Andhra Pradesh.

¶8

...PETITIONER

¶9

AND

¶10

The State of AP, Rep.by its Principal Secretary Industries and Commerce (Mines) Department A.P. Secretariat, Velagapudi, Amaravati, Guntur District.

¶11

The Director of Mines and Geology, 5th floor, Anjaneya Towers, Ibrahimpatnam, NTR District, AP

¶12

The District Mines and Geology Officer, Kakinada^{District,Kakinada,AP}

¶13

...RESPONDENTS

¶14

Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more^particularly one in the nature of a writ of mandamus declaring the^action of the 3rd respondent in not granting permission to utilize the road Metal for an approximate quantity of 60,000/- cum from our quarry^leases situated at Sy.No.53 of China Sankarlapudi and at Sy.No.160 of Peda Sankarlapudi Village, Prathipadu Mandal, Kakinada District, to utilize^thesame for the Government time bound works in the District in spite of our reasoned representation dt.04-12-2024 as highly illegal, arbitrary and capricious and

¶15

r

¶16

%

¶17

direct the 3rd respondent to consider the representation dt. consequently 04-12-2024 for grant of permission to utilize the Road Metal for an of 60,000 Cum from our quarry leases situated in approximate quantity S7N0.53 of China Sankarlapudi and S.N0.I6O of Peda Sankarlapudi village Prathipadu Mandal, Kakinada District.

¶18

lA NO: 1 OF 2025

¶19

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support^{ofthepetition,theHigh} direct the 3rd respondent to consider the Court may be pleased to representation dt.04-12-2024 for grant of permission^{totransportroadmetal} from lease quarry situated at Sy.No.53 of China Sankarlapaudi village^and of Pedda Sankarlapudi Village, Prathipadu Mandal, Kakinada at Sy.No.160 District, AP to the work site pending disposal of the above writ^petition.'

¶20

Counsel for the Petitioner: SRI YASWANTH GADE

¶21

Counsel for the Respondents: GP FOR MINES AND GEOLOGY

¶22

The Court made the following: ORDER

¶23

1

¶24

APHC010004792025

¶25

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction)

¶26

[3310]

¶27

THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

¶28

PRESENT

¶29

THE HONOURABLE DR JUSTICE K MANMADHA RAO

¶30

WRIT PETITION NO: 300/2025

¶31

Between:

¶32

Mural! Krishna Constructions

¶33

...PETITIONER

¶34

AND

¶35

The State Of Ap and Others

¶36

...RESPONDENT(S)

¶37

Counsel for the Petitioner:

¶38

1.YASWANTH GADE

¶39

Counsel for the Respondent(S):

¶40

1 .GP FOR MINES AND GEOLOGY

¶41

The Court made the following:

¶42

ORDER:

¶43

The Writ Petition is fiied under Articie 226 of the^{ConstitutionofIndia,}

¶44

seeking the following relief;

¶45

“ declaring the action of the respondent in not granting permission to utilize the road Metal for an approbate^puanWy o 60 000/- cum from petitioner’s quarry leases situated^{at^yWo53} of China Sankarlapudi and at Sy.No.160 of Peda Sankarlapudi W/age^ Prathipadu Mandal, Kakinada District, to utilize the for^e Government time bound works in the District in spite of petitioners reasoned representation dt.04.12.2024 as highly illegal, arbitrary and

¶46

2

¶47

capricious and consequently direct the 3!'^ respondent^{toconsiderthe} representation dt.04.12.2024 for grant of permission^{toutilizetheRoad} Metal for an approximate quantity of 60,000 Cum from petitioner’s quarry leases situated in S.No.53 of China Sankarlapudi and^{S.No. 160ofReda} Sankarlapudi village, Prathipadu Mandal, Kakinada District and pass such other order or orders ”

¶48

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology, appearing for the respondents 1 to 3.

¶49

On hearing, learned counsel for the petitioner reiterated the contentions which are urged in the writ petition.

¶50

On the other hand, learned Assistant Government Pleader for Mines and Geology has produced copy of instructions dated 04.01.2025^ofthe 3'^'^ respondent, wherein it is stated that the petitioner^{hasutilizedtheroadmetal} for his contract Government works as on date, as such, the representation dated 04.12.2024 of the petitioner has not been considered.

¶51

In view of the submissions made by the learned counsel for the petitioner and learned Assistant Government Pleader, this Court feels it appropriate to dispose of the writ petition directing the petitioner to submit fresh representation to the respondent authorities and on such application, the respondent authorities are directed to dispose of the representation submitted by the petitioner and pass appropriate reasoned orders, in accordance with

¶52

3

¶53

law, within a period of two (02) months from the date of receipt of a copy of

¶54

this order.

¶55

With the above observation, the Writ Petition is disposed of. There shaii be no order as to costs.

¶56

shall stand 7. As a sequel, miscellaneous applications pending, if any,

closed.

To,

//TRUE COPY//

Sd/- V SAVITRI GOWRI ASSISTANT REGISTRAR SEQTliWd^FICER

¶61

The, Principal Secretary Industries and Commerce (Mines) Department A.P, Seomtahat) Velagapudi Amaravati, Guntur District.

¶62

The Director of Mines and Geology, 5th floor, Anjaneya Towers, Ibrahimpatnam, NTR District, AP

¶63

The District Mines and Geology Officer, Kakinada District, Kakinada, AP 4. One CC to Sri Yaswanth Gade Advocate [OPUC] 5. Two CCs to GP for Mines and Geology, High Court of^{AndhraPradesh.} [OUT]

¶64