Shaik Habeeb Basha, Vs The State of Andhra Pradesh

SHAIK HABEEB BASHA,, S/O. LATE MAGBUL BASHA, R/O. D.NO. 3- 240/3-4, D.T. SRINIVASULU COMPOUND, AJANTHA TALKIES ROAD, PILLERU, CHITTOOR DISTRICT., REP BY HIS GPA HOLDER RAJENDRA PRASAD MANNE, S/O. M. PENCHALAIAH, AGED ABOUT 46 YEARS, R/O. D.NO. 25/10/735, CHAITANYAPURI, NEAR LLF SCHOOL, VEDAYAPALEM, NELLORE.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP BY PRINCIPAL SECRETARY, (MINES AND GEOLOGY DEPARTMENT) SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR DISTRICT.

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THE DIRECTOR OF MINES AND GEOLOGY, IBRAHIMPATNAM, NTR DISTRICT.

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THE DISTRICT MINES AND GEOLOGY OFFICER, NELLORE, NELLORE DISTRICT.

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M/S SRI VENKATESWARA MINES AND MINERALS, JAMMIPALEM, VTC, KOVVURU, SPSR NELLORE DISTRICT, REP. BY ITS MANAGING PARTNER MR. PULI VIJAYA KUMAR, S/O. RADHAIAH, AGED MAJOR, R/O. JAMMIPALEM, VTC, KOVVURU, SPSR NELLORE DISTRICT.

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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 topleased to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus, by declaring the Order, dated 21.05.2025,

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bearing proceedings G.O.Ms. No. 78 of the Respondent No.1, in respect of according permission to transfer the petitioner mining lease for Mica, Quartz and Feldspar over an extent of 21.598 Hectares / 53.37 Acres in Survey No. 359 / Part ( 13.974 Hectares / 34.53 Acres ) of Utukur Village and in Survey No. 446 ( 2.909 Hectares / 7.19 Acres ) and in Sy.No. 460 ( 2.651 Hectares / 6.55 Acres ) and in in Survey No. 461 ( 2.064 Hectares / 5.10 Acres ) of Turimerla Village, Sydapuram Mandal, SPSR Nellore District, to the Respondent No.4, for un-expired portion of the lease period upto 09.04.2044, without following the directions in the Order, dated 29.01.2025 in WP No. 1993 / 2025, on the file of the Hon'ble High Court of Andhra Pradesh at Amaravati, further failed to consider the representation of the petitioner, dated 21.01.2025 or given any opportunity of hearing to the petitioner, while transferring the Petitioners quarry lease to the Respondent No.4 as illegal, arbitrary, unjust and against the principles of natural justice and violation of Article 14, 21 and 300-A of Constitution of India and Consequently set aside the Order, dated 21.05.2025, bearing proceedings G.O.Ms. No. 78 of the Respondent No.1 and pass

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IA NO: 1 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 Counsel for the Petitioner:

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1.V ROOPESH KUMAR REDDY

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Counsel for the Respondent(S):

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1.T SREEDHAR

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2.GP FOR MINES AND GEOLOGY

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The Court made the following ORDER:

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At the time of considering the matter, Sri S. Imtiyaz, learned counsel representing the learned counsel for the petitioner, submits that in view of the typographical error crept in main prayer of the writ petition, he seeks permission of this Court to withdraw the writ petition with a liberty to workout remedies available in Law.

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Permission is accorded and accordingly, the writ petition is dismissed as withdrawn by reserving liberty to the petitioner to workout his remedies available in Law.

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