M.Damodar Naidu, Vs The State of Andhra… — Mining and Natural Resources | Andhra Pradesh HC (2025)

M.Damodar Naidu, Vs The State of Andhra… — Mining and Natural Resources | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Writ petition dismissed as withdrawn with liberty to avail alternative remedies; no order as to costs; all pending miscellaneous applications (including I.A. No.1 of 2022) stand closed. No issue on merits was adjudicated.

Issue for consideration

Whether the action of the 3rd respondent in issuing letter vide No.1221180197 dated 31.03.2022 rejecting issuance of transit permits for the petitioner's mining lease (10.09 Acres/4.083 Hectares in Sy. Nos. 1251-A,B,C, 431-3, 448-2, 477 & 475-D of Kristipadu (V), Peddavaduguru (M), Anantapur District) for non-payment of the demanded amount of Rs.68,25,531/- vide No.1256/QL/2014 dated 04.02.2022 is arbitrary, illegal, contrary to the Mines and Minerals (Development and Regulation) Act, 1957 and the A.P. Minor Mineral Concession Rules, 1966, contrary to the orders passed in W.P No.5304 of 2022, violative of principles of natural justice, and infringing Articles 14, 19(1)(g) and 300-A of the Constitution of India. +1 more

Ratio / Principle

Permission is accorded for withdrawal of the writ petition, sought by learned counsel for the petitioner through the petitioner's affidavit with liberty to avail alternative remedies.

Key takeaways

The Writ Petition is dismissed as withdrawn with liberty as prayed for.ratio¶47
All pending miscellaneous applications shall stand closed as a sequel.ratio¶49

Detailed headnote1 paragraphs

M. Damodar Naidu v. The State of Andhra Pradesh and others, Writ Petition No. 8876 of 2022 (High Court of Andhra Pradesh at Amaravati, Kiranmayee Mandava J., decided 05.03.2025): The petitioner, lessee of a mining lease over 10.09 Acres/4.083 Hectares in Sy. Nos. 1251-A,B,C, 431-3, 448-2, 477 & 475-D of Kristipadu (V), Peddavaduguru (M), Anantapur District, had sought a writ of mandamus under Article 226 declaring arbitrary and illegal the 3rd respondent's letter No.1221180197 dated 31.03.2022 rejecting transit permits for his mining lease for non-payment of a demand of Rs.68,25,531/- (penalty, normal seigniorage fees, District Mineral Fund, Merit Consideration) raised vide No.1256/QL/2014 dated 04.02.2022, alleging contravention of the Mines and Minerals (Development and Regulation) Act, 1957, the A.P. Minor Mineral Concession Rules, 1966, the orders in W.P No.5304 of 2022, principles of natural justice, and Articles 14, 19(1)(g) and 300-A of the Constitution. Before any adjudication, learned counsel filed an affidavit seeking withdrawal of the writ petition with liberty to avail alternative remedies; permission was accorded and the writ petition was dismissed as withdrawn with liberty as prayed for, with no order as to costs; pending miscellaneous applications, including I.A. No.1 of 2022 seeking interim transit permits, stand closed. No proposition of law on transit permits, seigniorage or the demand was decided.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

(Special Original Jurisdiction)

WEDNESDAY, THE FIFTH DAY OF MARCH i TWO THOUSAND AND TWENTY FIVE |

i
|
1

PRESENT

THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8876 OF 2022

Between:

M. Damodar Naidu, S/o M. Narasimhulu, Kondupalli Village, Peddavaduguru Mandal, Anantapuram District, A.P

...PETITIONER

AND

The State of Andhra Pradesh, Represented by its Secretary, (Industries and Commerce (Mines-I), Secretariat, Velagapudi, Amaravathi

The Director, Department of Mines and Geology, Sri Anjaneya Towers, D.No.7-104, B-Block, 5'^ and Floors Ibrahimpatnam, Vijayawada521456

The Assistant Director Mines and Geology, Tadipatri, Anantapur District, Andhra Pradesh.

...RESPONDENTS

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 the WRIT OF MANDAMUS declaring that^theactionof the 3"'^ Respondent in issuing letter vide No.1221180197 dated.31.03.2022 rejecting the issuance of transit permits pertaining to Petitioner's Mining Lease over an extent of 10.09 Acres/4.083 Hectares in Sy. Nos. 1251A,B,C, 431-3,448-2, 477 & 475-D of Kristipadu (V), Peddavaduguru (M) Anantapur District, A.P for the reason due to non-payment of demanded amount issued vide No.1256/QL/2014, dated.04.02.2022 i.e.an total amount of Rs.68,25,531/- towards penalty. Normal Seignorage Fees,

f

;

District Mineral Fund, Merit, Consideration respectively, as arbitrary, illegal, . contrary to the provisions of Mines and Minerals (Development and Regulation) Act, 1957, contrary to the A.P. Minor Mineral Concession Rules, 1966 (APMMC Rules), besides being contrary to the orders passed in W.P No.5304 of 2022, violative of Principles of Natural Justice, and petitioners’ rights guaranteed under Article 14, Article 19 (1) (g) and Article 300 A of the Constitution of India and consequently^set-asidethe same directing the 3 Respondent to issue transit permits pertaining to Petitioner's Mining Lease over an extent of 10.09 Acres/4.083 Hectares in Sy. Nos.1251-A,B,C, 431-3, 448-2, 477 & 475-D of Kristipadu (V) Peddavaduguru (M) Anantapur District, A.P.

lA NO: 1 OF 2022

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3*^^ Respondent herein to issue transit permits pertaining to the Petitioners mining lease, without insisting for the demand issued vide No. 1256/QL/2014, dated.04.02.2022,^interms of the Petitioner's representation dt.30.03.2022, pending disposal of the above writ petition.

Counsel for the Petitioner :SRI. S.V.S.S.SIVA RAM

Counsel for the Respondent No’s. 1 to 3: GP FOR MINES AND GEOLOGY The Court made the following ORDER:

1

APHC010160752022

W

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

[3458]

WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

WRIT PETITION NO: 8876/2022

Between:

M.damodar Naidu

...PETITIONER

AND

The State Of Andhra Pradesh and Others

...RESPONDENT(S)

Counsel for the Petitioner:

1.S.V.S.S.SIVARAM

Counsel for the Respondent(S):

1 .GP FOR MINES AND GEOLOGY

The Court made the following:

ORDER:

Sri S.V.S.S. Siva Ram, learned counsel for the petitioner^filedan affidavit of the petitioner, wherein permission is^{soughtforwithdrawalofthe}

writ petition with a liberty to avail alternative remedies.

Permission is accorded.

with a 3. Accordingly, the Writ Petition is dismissed as withdrawn liberty as prayed for. There shall be no order as to^costs.

2

As a sequel, all pending miscellaneous applications shall stand '

closed.

//TRUE COPY//

Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR S-C'

SECTION OFFICER

To,

One CC to SRI. S.V.S.S.SIVA RAM, Advocate [OPUC]

Two CCS to GP FOR MINES AND GEOLOGY, High Court Of Andhra Pradesh. [OUT]

Three CD Copies

PRK

HIGH COURT

DATED:05/03/2025

ORDER

WP.No.8876 of 2022

^OFANOS^
H 0 UPR 2025 I
^ Current Section .

DISMISSING THE W.P. AS WITHDRAWN, WITHOUT