Sri. P. Eswara Reddy, Vs The State of Andhra Pradesh

APHC010099132021

IN THE HIGH COURT OF ANDHRA PRADESH 0^0 AT AMARAVATI /O" (Special Original Jurisdiction) rA^ or MONDAY,THE EIGHTH DAY OF SEPTEMBER^ TWO THOUSAND AND TWENTY FIVE &

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NOS: 5718.2 5720 AND 5721 OF 2021

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WRIT PETITION NO; 5718 OF 2021

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Between:

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M/s. SJK Infracon Private Limited (Formerly Satyavathi^Mineralsand Metals Limited),, Represented by its Director Sri.^HarshAnand, S/o B. R. Anand, aged about 50 Years, Office at Plot No. 166,^New MLAandMP Colony, Road No. IOC, Jubilee Hills, Hyderabad-^33.

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department, Secretariat, Velagapudi, Amaravathi,^Guntur.

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The Director, Mines and Geology, Ibrahimpatnam, Vijayawada. 3. The Assistant Director, Mines and Geology, Rajamahendravaram. 4. Sri Chinta Vijay Kumar, S/o. Purnachandra Rao, Aged about 60 Years, R/o. D.No.1-16, Chikinala (V) Unguturu, Krishna Dist-521 260, A.P.,

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Siddartha Kanakamedala, S/o. Kanakamedala Srinivas, Aged about 36 Years, R/o. 7-22-9/1/18, Flat No. 503, Near GVMC Guest House, Ward No 40, Vishakapatnam, Andhra Pradesh.

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(RR 4 to 5 are impleaded as per Courts Order dt.08.09.2025^inI.A.No.3 of 2025)

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...Respondents

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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 or order or direction or writ of MANDAMUS, declaring the action of the 2rd respondent passing the impugned order D. Dis Proceedings No. 13324/D4/2018. dated. 25-02-2021 rejecting the application of the petitioner for grant of quarry lease without considering the explanation dated. 12-02-2021 to the show cause notice as illegal, arbitrary, malafide, abdication of duties and opposed to principles of natural justice and consequently set-aside the same as illegal in the interest of justice.

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lA NO: 1 OF 2021

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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 suspend the impugned order D . Dis Proceedings No. 13324/D4/2018, dated. 25- 02-2021 passed by the 2nd respondent.

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lA N0i40F^25

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Between:

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Sri Chinta Vijay Kumar, S/o. Purnachandra Rao, Aged about 60 Years, R/o. D.No.1-16, Chikinala (V) Unguturu, Krishna Dist -521 260 A.P.,

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Siddartha Kanakamedala, S/o. Kanakamedala Srinivas Aged about 36 Years, R/o. 7-22-9/1/18. Flat No. 503, Near GVMC Guest House, Ward No 40. Vishakapatnam, Andhra Pradesh.

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...Petitioners/Proposed Respondents No. 4 and 5

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AND

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M/s. SJK Infracon Private Limited (Formerly Satyavathi Minerals and Metals Limited),, Represented by its Director Sri. Harsh Anand oR. Anand,A aged about 50 Years, Office at Plot No. 166, New MLA’ and MP Colony, Road No. IOC. Jubilee Hills, Hyderabad-³³

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Respondent/Writ Petitioner

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1. The State of Andhra Pradesh. Rep. by its Principal Secretary, Mines ..and Geology Department, Secretariat. Velagapudi, Amaravathi, Guntur.

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The Director, Mines and Geology, Ibrahimpatnam, Vijayawada.

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The Assistant Director, Mines and Geology, Rajamahendravaram.

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...Respondents/Respondents

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 09.03.2021 passed in^{W.P.No.5718of2021} and dismiss the writ petition.

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Counsel for the Petitioner: SRI KOTHAPALLI SAI SRI HARSHA

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Counsel for the Respondent Nos. 1 to 3: GP FOR MINES AND GEOLOGY Counsel for the Respondent Nos. 4 and 5; M/S G N LIMA^RANI

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APHC010099122021

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WRIT PETITION NO: 5720 OF 2021

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Between:

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Sri. P. Eswara Reddy,, S/o. Veereddy, aged about 45 years, Occ. Business, R/o. D.No. 79-2-10/1, Eswara Reddy Complex, Tilak Road, Rajamahendravam, East Godavari District.

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department, Secretariat, Velagapudi, Amaravathi,^Guntur.

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The Director, Mines and Geology, Ibrahimpatnam, Vijayawada. 3. The Assistant Director, Mines and Geology, Rajamahendravaram

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Sri Chinta Vijay Kumar, S/o. Purnachandra Rao, Aged about 60 Years, R/o. D.No.1-16, Chikinala (V) Unguturu, Krishna Dist-521 260, A.P.,

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Siddartha Kanakamedala, S/o. Kanakamedala Srinivas, Aged about 36 Years, R/o. 7-22-9/1/18, Flat No. 503, Near GVMC Guest House, Ward No 40, Vishakapatnam, Andhra Pradesh. (RR 4 to 5 are impleaded as per Courts Order dt.08.09.2025 in I.A.No.3 of 2025)

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...Respondents

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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 or order or direction or Writ of Mandamus, declaring the action of the 2nd respondent passing the impugned order D.Dis Proceedings No. 13330/D4/2018, dated. 25-02-2021 rejecting the application of the petitioner for grant of quarry lease without considering the explanation dated. 12-02-2021 to the show cause notice as illegal, arbitrary, malafide. abdication of duties and opposed to principles of natural justice and consequently set-aside the same as illegal in the interest of justice.

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lA NO: 1 OF 2021

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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 suspend the impugned order D . Dis Proceedings No. 13330/D4/2018 , dated. 25- 02-2021 passed by the 2nd respondent pending disposal of the above writ petition.

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lA NO: 4 OF 202.4

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Between:

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Sri Chinta Vijay Kumar, S/o. Purnachandra Rao, Aged about 60 Years R/o. D.No.1-16, Chikinala (V) Unguturu, Krishna Dist -521 260, A.P.,

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Siddartha Kanakamedala, S/o. Kanakamedala Srinivas, Aged about 36 Years, R/o. 7-22-9/1/18, Flat No. 503, Near GVMC Guest House Ward No 40, Vishakapatnam, Andhra Pradesh

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...Petitioners/Proposed Respondent Nos. 4 and 5

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AND

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P. Eswara Reddy,, S/o. Veereddy, aged about 45 years, Occ. Business R/o. D.No. 79-2-10/1 Eswara Reddy Complex, Tilak Road,

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Rajamahendravam, East Godavari District.

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. . . Respondent/Writ Petitioner

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1. The State of Andhra Pradesh, Rep. by its Principal Secretary Mines and Geology Department. Secretariat, Velagapudi. Amaravathi. Guntur

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1. The Director, Mines and Geology, Ibrahimpatnam, Vijayawada.

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The Assistant Director, Mines and Geology, Rajamahendravaram

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...Respondents/Respondents

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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 vacate the interim order dated 09.03.2021 passed in W.P.No. 5720 of 2021 and dismiss the writ petition.

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Counsel for the Petitioner: SRI KOTHAPALLI SAI SRI HARSHA Counsel for the Respondent Nos. 1 to 3: GP FOR MINES AND GEOLOGY Counsel for the Respondent Nos. 4 and 5: M/s G N UMA RANI APHC010099142021

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WRIT PETITION NO: 5721 OF 2021

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Between:

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M/s. Sree Siva Satya Pigments Private Limited, Represented by its Director Sri. Y. Jithin Kumar, S/o Late Y. Janardhan Rao, aged about 66 Years, Office at Plot No. 166, New MLAandMP Colony , Road No. IOC, Jubilee Hills, Hyderabad- 33.

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department, Secretariat, Velagapudi, Amaravathi,^Guntur.

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The Director, Mines and Geology, Ibrahimpatnam, Vijayawada.

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The Assistant Director, Mines and Geology, Rajamahendravaram. 4. Sri Chinta Vijay Kumar, S/0. Purnachandra Rao, Aged about 60 Years, R/o. D.No.1-16, Chikinala (V) Unguturu, Krishna Dist -521 260, A.P.,

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Siddartha Kanakamedala, S/o. Kanakamedala Srinivas, Aged about 36 Years, R/o. 7-22-9/1/18, Flat No. 503, Near GVMC Guest House, Ward No 40, Vishakapatnam, Andhra Pradesh (RR 4 to 5 are impleaded as per Court Order dt.08.09.2025 in I.A.No.3 of 2025)

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...Respondents

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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 or order or direction or Writ of Mandamus, declaring the action of the 2nd respondent passing the impugned order D. Dis Proceedings No. 4244478/D4/2021, dated. 25-02-2021 rejecting the application of the petitioner for grant of quarry lease without considering the explanation dated. 12-02-2021 to the show cause notice as illegal, arbitrary, malafide, abdication of duties and opposed to principles of natural justice and consequently set-aside the same as illegal in the interest of justice.

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lA NO: 1 OF 2021

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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 suspend the impugned order D. Dis Proceedings No. 4244478/D4/202 1, dated. 25-02-2021 passed by the 2nd respondent pending disposal of the above writ petition.

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lA NO: 4 OF 2025

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Between:

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Sri Chinta Vijay Kumar, S/0. Purnachandra Rao, Aged about 60 Years, R/o. D.No.1-16, Chikinala (V) Unguturu, Krishna Dist -521 260, A.P.,

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Siddartha Kanakamedala, S/o. Kanakamedata Srinivas, Aged about 36 Years, R/o. 7-22-9/1/18, Flat No. 503, Near GVMC Guest House, Ward No 40, Vishakapatnam, Andhra Pradesh

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...Petitioner/Proposed Respondents No. 4 and 5

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AND

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M/s. Sree Siva Satya Pigments Private Limited, Represented by its Director Sri. Y. Jithin Kumar, S/o Late Y. Janardhan Rao, aged about 66 Years, Office at Plot No. 166, New MLAandMP Colony, Road^No.IOC, Jubilee Hills, Hyderabad- 33. ...Respondent/Writ Petitioner

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department, Secretariat, Velagapudi, Amaravathi,^Guntur.

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The Director, Mines and Geology, Ibrahimpatnam, Vijayawada. 4. The Assistant Director, Mines and Geology, Rajamahendravaram.

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...Respondents/Respondents

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 09.03.2021 passed in^WP.No5721 of 2021 and dismiss the writ petition.

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Counsel for the Petitioner: SRI KOTHAPALLI SAI SRI HARSHA

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Counsel for the Respondent Nos. 4 and 5: M/s G N DMA^RANI

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Counsel for the Respondent Nos. 1 to 3: GP FOR MINES^ANDGEOLOGY The Court made the following Common order:

1

APHC010099132021

[3458]

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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{Special Original Jurisdiction)

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MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 5718/2021

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Between:

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1.M/S. SJK INFRACON PRIVATE LIMITED (FORMERLY SATYAVATHI MINERALS AND METALS LIMITED) REPRESENTED BY ITS DIRECTOR SRI. HARSH ANAND, S/0 B. R. ANAND, AGED ABOUT 50 YEARS, OFFICE AT PLOT NO. 166, NEW MLAANDMP COLONY, ROAD NO. IOC, JUBILEE HILLS, HYDERABAD- 33.

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINICIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR.

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2.THE DIRECTOR, MINES AND GEOLOGY, IBRAHIMPATNAM, VIJAYAWADA.

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3.THE ASSISTANT DIRECTOR, MINES AND GEOLOGY, RAJAMAHENDRAVARAM.

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...RESPONDENT(S):

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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 toto issue a writ or order or direction or writ of MANDAMUS, declaring the action of the 2rd respondent passing the impugned order D. Dis Proceedings No. 13324/D4/2018, dated. 25-02-2021 rejecting the application of the petitioner for grant of quarry lease without considering the explanation

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2

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abdLnnn°^f°>r- *° '"®9®'' arbitrary, malafide abdicahon of duties and opposed to principles of natural justice and onsequently set-aside the same as illegal in the interest of justice and pass

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iA NO: 1 OF ?n?i

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Petition under Section 151 CPC praying that in the circumstances stated m the affidavit filed in support of the petition, the High Court may be pleased to 25 0^2021^ impugned order D . Dis Proceedings No. 13324/D412018.^dated 25 02-2021 passed by the 2nd respondent

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IA NO: 1 OF 20?.^

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in the TnZ circumstances stated m the affidavit fiied in support of the petition, the High Court may be pleased 0 WPr°57i"« f^n^! of WP No. 5718 of 2021 dismissed for default on 14.09.2023 and pass IA NO: 2 OF 20?.^ in ,^1^" anZ 'b circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to set aside the dismissed for default order dated 14 09 2023 and restore the Wnt Petition No. 5718 of 2021 and as well as interlocutory applications in the interest of justice and pass ^ IA NO: 3 OF 2025 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 may be pleased to implead the petitioners/proposed respondents as party respondents No 4 and 5 in the above writ petition W P No. 5718 of 2021 and to pass

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IA NO: 4 OF 2025

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Pefitton 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 may be pleased to vacate the interim order dated 09.03.2021 passed in W.P.No. 5718 of 2021 and dismiss the writ petition and pass

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Counsel for the Petitioner:

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3

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1.K0THAPALLI SAI SRI HARSHA

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Counsel for the Respondent(S):

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1.GP FOR MINES AND GEOLOGY

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WRIT PETITION NO: 5720/2021

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Between:

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1.SRI. P. ESWARA REDDY,, S/0. VEEREDDY, AGED ABOUT 45 YEARS, OCC. BUSINESS, R/0. D.NO. 79-2-10/1, ESWARA^REDDY COMPLEX, TILAK ROAD, RAJAMAHENDRAVAM, EAST GODAVARI DISTRICT.

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINICIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR.

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2.THE DIRECTOR, MINES AND GEOLOGY, IBRAHIMPATNAM, VIJAYAWADA.

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3.THE ASSISTANT DIRECTOR, MINES AND GEOLOGY, RAJ AMAH END RAVARAM

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying^thatin the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ or order or direction^{orwritofMANDAMUS,} declaring the action of the 2nd respondent passing^{theimpugnedorderD.Dis} Proceedings No. 13330/D4/2018, dated. 25-02-2021 rejecting^{theapplication} of the petitioner for grant of quarry lease without^{consideringtheexplanation} dated. 12-02-2021 to the show cause notice as illegal,^{arbitrary,malafide,} abdication of duties and opposed to principles of natural justice and consequently set-aside the same as illegal in the interest^{ofjusticeandpass}

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lA NO: 1 OF 2021

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition,^{theHighCourtmaybepleased}

¶133

4

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pleased to suspend the impugned order D . Dis Proceedings No. 13330/D4/2018, dated. 25- 02-2021 passed by the 2nd respondent pending disposal of the above writ petition and pass lA NO: 1 OF 2025 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 condone the delay 555 days in filing an application for restoration of WP No. 5720 of 2021 dismissed for default on 14.09.2023 and pass \A NO: 2 OF 2025 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 may be pleased to set aside the dismissed for default order dated 14.09.2023 and restore the writ petition No. 5720 of 2021 as well as interlocutory applications in the interest of justice and pas lA NO: 3 OF 2025 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 may be pleased to implead the petitioners/proposed respondents as party respondents No. 4 and 5 in the above writ petition W.P. No. 5720 of 2021 and to pas

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lA NO: 4 OF 2025

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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 may be pleased to vacate the interim order dated 09.03.2021 passed in W.P.No. 5720 of 2021 and dismiss the writ petition and pass

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Counsel for the Petitioner:

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1.KOTHAPALLI SAI SRI HARSHA

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Counsel for the Respondent(S):

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1.GP FOR MINES AND GEOLOGY

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WRIT PETITION NO: 5721/2021

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Between:

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5

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1.M/S. SREE SIVA SATYA PIGMENTS PRIVATE LIMITED,, REPRESENTED BY ITS DIRECTOR SRI. Y. JITHIN KUMAR, S/0 LATE Y. JANARDHAN RAO, AGED ABOUT 66 YEARS, OFFICE^AT PLOT NO. 166, NEW MLAANDMP COLONY, ROAD NO. IOC, JUBILEE HILLS, HYDERABAD- 33.

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINICIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR.

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2.THE DIRECTOR, MINES AND GEOLOGY, IBRAHIMPATNAM, VIJAYAWADA.

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3.THE ASSISTANT DIRECTOR, MINES AND GEOLOGY, RAJAMAHENDRAVARAM.

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may De pleased topleased to issue a writ or order or direction or writ of MANDAMUS, declaring the action of the 2nd respondent passing the impugned order D. Dis Proceedings No. 4244478/D4/2021 dated. 25-02-2021 rejecting the application of the petitioner for grant of quarry lease without considering the explanation dated. 12-02-2021 to the show cause notice as illegal, arbitrary, malafide, abdication of duties and opposed to principles of natural justice and consequently set-aside the same as illegal in the interest of justice and pass lA NO: 1 OF 2021

¶152

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 suspend the impugned order D. Dis Proceedings No. 4244478/D4/2021, dated. 25-02-2021 passed by the 2nd respondent pending disposal of the above writ petition and pass all necessary^{ordersforthesaid} purpose

¶153

lA NO: 1 OF 2025

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6

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in the^al^avirfit!; a' “--stances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to condone the delay of 344 days in filing an appLa on for paSSreseat,on of WP No^ 5721 of 2021 dismissed for defar^t^on1409-2023

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lA NO: 2 OF 7C)?R

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in n n “rcnmstances stated ir^ the aff davit filed in support of the petition, the High Court may be pieased pleased to set aside the dismissed for default order dated 14-09-2023 and restore the writ petition No. 5721 of 2021 and as well as interlocutory applications in the interest of justice and pass ^

¶158

lA NO: 3 OF 2()7Fi

¶159

Pefifon 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 implead the petitioners/proposed respondents as party respondents No. 4 and 5 in the above writ petition W.P. No. 5721 of 2021 and to pass

¶160

IA NO: 4 OF 20^*^

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Petition under Section 151 CPC in fho ffw -4 4-. ^ • praying that in the circumstances^stated m the affidavit filed in support of the petition, the High Court may be pleased pleased to vacate the interim order dated 09.03.2021 passed in WP.No 5721 of 2021 and dismiss the writ petition and pass

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Counsel for the Petitioner:

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1.KOTHAPALLI SAI SRI HARSHA

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Counsel for the Respondent(S):

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1.GP FOR MINES AND GEOLOGY

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The Court made the following:

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COMMON ORDFR--

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The issues raised in the Writ Petitions are common. Therefore, all the Writ Petitions are disposed of together by a ‘Common Order’.

¶169

7

¶170

Challenging the action of the 2 nd respondent in passing the order dated 25.02.2021 and rejecting the application of the impugned petitioner(s) for grant of quarry lease without considering the explanation dated 12.02.2021 to the show cause notice, the instant^{WritPetitionshave} been filed.

¶171

It is contended that the petitioner(s) have made an^{applicationto} the 3^'^ respondent on 24-05-2017 for grant of quarry^{leaseforlaterite.The2} nd rd respondent issued a show cause notice on 29-01-2021,^{statingthatthe3} respondent had submitted rejection proposals. The said^{proposalsstatedthat} the petitioner(s) had not made any efforts to further^{theapplicationforaquarry} lease. Thus, the petitioner(s) were asked to show cause^as to why the application for quarry lease! should noi be rejcCied. st ss oicsLevj iwcat i resp on CO to the said show cause notice, the petitioner(s) submitted^{theirexplanation.} It IS contended that the explanation was not considered while^passingthe impugned order, although the authority had received^thesame.

¶172

A perusal of the impugned orders reflects that the^{2"*^respondent} observed that the petitioner(s) did not submit their^{explanationtotheShow}

¶173

Cause Notice.

¶174

This Court on 09-03-2021, passed interim orders directing^the parties to maintain status quo.

¶175

8

¶176

Subsequently, the unofficial respondent got mpleaded sought vacate of interim orders stating that they have made an application for grant of quarry lease in respect of the subject land and the resoondents are not processing their application on account of the interim orders passed in the case.

¶177

Heard the submissions of Sri Kothapalli Sai Sri Harsha,^learned counsel for the petitioner(s) and the learned Government f ’leader for Mines and Geology appearing for the respondents and Ms. G.N. Uma Rani, learned counsel for the unofficial respondents.

¶178

The contention of the petitioner(s) is that to Ihe^ShowCause Notice, they have submitted their response and the same was received by the z “ respondent. However, it has been observed that no reply to the Show Cause Notice has been received. Having regard to the same, this Court deems it appropriate to dispose of the Writ Petitions remanding the matters to the 2""^ respondent for passing orders afresh.

¶179

The impugned orders in the Writ Petitions are set aside^andthe matters are remanded to the 2"^ respondent for passing appropriate orders after considering the objections of the petitioners and the unofficial respondents in terms Rule 12 (2) (iv) of the G.O.Ms.No.100^{dated26.06.2025.}

¶180