Dismissed¶41

K Siva Prakash, v. The State of Andhra Pradesh

Andhra Pradesh HC5 Mar 2026WP/16128/2022

Case brief

AI extract

What is this about?

Andhra Pradesh High Court (Amaravati) writ petition dismissed as withdrawn; mining lease; Letter of Intent (LOI); premium amount Rs.15,19,700/- equal to 10 times annual dead rent; G.O.Ms.No.65 Industries and Commerce (Mines-III) Department dt.4.8.2021; G.O.Ms.No.100 Industries & Commerce (Mines-II) Department dated 26.06.2025; Proceedings Letter No.5412/D13-2/2021 dt.28.08.2021; Sy.Nos.103 and 89, Kotamkanapalli Revenue Village, Gudupalli Mandal, Chittoor District; Articles 14, 19(1)(g), 21 and 226; Section 151 CPC; Director of Mines and Geology; liberty to work out legal remedies; no costs.

What did the court decide?

Permission to withdraw the writ petition with liberty to work out legal remedies in accordance with law; no orders as to costs. ¶41

K Siva Prakash, Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition with liberty to work out legal remedies in accordance with law; no orders as to costs.

¶41

Issue for consideration

Whether the action of the 2nd respondent in demanding the premium amount of Rs.15,19,700/- (equivalent to 10 times of annual dead rent as per G.O.Ms.No.65, Industries and Commerce (Mines-III) Department, dt.4.8.2021) even before grant of the mining lease is illegal, arbitrary and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India. +1 more

¶35

Ratio / Principle

Permission accorded to the petitioner to withdraw the writ petition, following counsel's submission that in view of the subsequent G.O.Ms.No.100 dated 26.06.2025 the petitioner sought withdrawal with liberty to work out his legal remedies.

¶38

Key takeaways

The Writ Petition is dismissed as withdrawn.ratio¶41
The petitioner is at liberty to work out his legal remedies in accordance with law; there shall be no orders as to costs.ratio¶42
Miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.ratio

Detailed headnote1 paragraphs

Writ Petition (W.P. No. 16128 of 2022, High Court of Andhra Pradesh at Amaravati, Maheswara Rao Kuncheam, J., decided 06.03.2026) under Article 226 of the Constitution of India. The petitioner sought a mandamus declaring illegal, arbitrary and violative of Articles 14, 19(1)(g) and 21 the demand by the 2nd respondent (Director of Mines and Geology) for a premium of Rs.15,19,700/- — equivalent to 10 times the annual dead rent under G.O.Ms.No.65, Industries and Commerce (Mines-III) Department, dt.4.8.2021 — vide Proceedings Letter No.5412/D13-2/2021, dt.28.08.2021, even before grant of a mining lease over 1.169 hectors (against applied 2.000 hectors) in Sy.Nos.103 and 89 of Kotamkanapalli Revenue Village, Gudupalli Mandal, Chittoor District, together with a direction to issue the Letter of Intent (LOI); IA No.1 of 2022 under Section 151 CPC sought suspension of the said letter pending disposal. At hearing, counsel for the petitioner, citing the subsequent G.O.Ms.No.100, Industries & Commerce (Mines-II) Department, dated 26.06.2025, sought leave to withdraw with liberty to pursue legal remedies. The Court accorded permission, dismissed the writ petition as withdrawn with such liberty, made no order as to costs, and closed miscellaneous petitions. No substantive adjudication of the premium demand or the LOI issue.

¶1

APHC010243572022

¶2

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶3

(Special Original Jurisdiction)

¶4

[3504]

¶5

FRIDAY,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX

¶6

PRESENT

¶7

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

¶8

WRIT PETITION NO: 16128/2022

¶9

Between:

¶10

K SIVA PRAKASH,, S/O KRISHRIAN,AGED ABOUT 50 YEARS , R/O D.NO.568/13B, TIRUVALLUVAR NAGAR, NEAR JHAKKAPPAN NAGAR,8TH CROSS, KRISHNAGIRI, TAMILNADU- 635001

¶11

...PETITIONER

¶12

AND

¶13

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

¶14

THE DIRECTOR OF MINES AND GEOLOGY, 5TH FLOOR, BLOCK-B,SRI ANJANEYA TOWERS, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT.

¶15

THE ASSISTANT DIRECTOR MINES AND GEOLOGY, PALAMANER, CHITTOOR DISTRICT.

¶16

THE TAHSILDAR, GUDUPALLE, GUDUPALLE MANDAL, CHITTOOR DISTRICT.

¶17

¶18

MRK,J W.P.NO.16128 OF 2022

¶19

...RESPONDENT(S):

¶20

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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in demanding the petitioner to remit the premium amount of Rs.15,19,700/-( Fifteen Lakhs Ninteen thousand and Seven hundred only) vide Proceedings Letter No.5412/D13-2/2021, dt.28.08.2021, which is equivalent to 10 times of annual dead rent as per the G.O.Ms.No.65 Industries and Commerce (Mines-III) Department, dt.4.8.2021 even before grant of mining lease over an extent of admeasuring 1.169 hectors against applied 2.000 hectors in Sy.No.103 and 89 of Kotamkanapalli Revenue Village of Gudupalli Mandal, Chittoor District, is highly illegal, arbitrary, violation of Articles 14, 19 (1) (g) and 21 of the Constitution of India and consequently direct the 2nd respondent to issue Letter of Intent (LOI) to the petitioner for an extent of admeasuring 1.169 hectors against applied 2.000 hectors in Sy.No.103 and 89 of Kotamkanapalli Revenue Village of Gudupalli Mandal, Chittoor District and pass

¶21

IA NO: 1 OF 2022

¶22

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 2nd respondent to issue Letter of Intent (LOT) to the petitioner for an extent of admeasuring 1.169 hectors against applied 2.000 hectors in Sy.No.103 and 89 of Kotamkanapalli Revenue Village of Gudupalli Mandal, Chittoor District, duly suspending the Letter No. 5412/D13-2/2021, dt.28.08.2021 of the 2nd respondent pending disposal of the writ petition, and pass

¶23

Counsel for the Petitioner:

¶24

¶25

MRK,J W.P.NO.16128 OF 2022

¶26

1.J M NAIDU

¶27

Counsel for the Respondent(S):

¶28

1.GP FOR REVENUE

¶29

2.GP FOR MINES AND GEOLOGY

¶30

The Court made the following:

¶31

¶32

MRK,J W.P.NO.16128 OF 2022

¶33

ORDER

¶34

This Writ Petition under Article 226 of the Constitution of India is filed for the following relief:

¶35

“.... to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2^nd respondent in demanding the petitioner to remit the premium amount of Rs.15,19,700/-(Fifteen Lakhs Ninteen thousand and Seven hundred only) vide Proceedings Letter No.5412/D132/2021, dt.28.08.2021, which is equivalent to 10 times of annual dead rent as per the G.O.Ms.No.65 Industries and Commerce (Mines-III) Department, dt.4.8.2021 even before grant of mining lease over an extent of admeasuring 1.169 hectors against applied 2.000 hectors in Sy.No.103 and 89 of Kotamkanapalli Revenue Village of Gudupalli Mandal, Chittoor District, is highly illegal, arbitrary, violation of Articles 14, 19 (1) (g) and 21 of the Constitution of India and consequently direct the 2^nd respondent to issue Letter of Intent (LOI) to the petitioner for an extent of admeasuring 1.169 hectors against applied 2.000 hectors in Sy.No.103 and 89 of Kotamkanapalli Revenue Village of Gudupalli Mandal, Chittoor District ....”

¶36

When the matter is taken up for hearing, Mr.Naga Kishore,

¶37

learned counsel appeared through online on behalf of Mr.J.M.Naidu, learned counsel for the petitioner, submitted that in view of the subsequent G.O.Ms.No.100, Industries & Commerce (Mines-II) Department, dated 26.06.2025, the petitioner seeks permission of this Court to withdraw the writ petition with a liberty to work out his legal remedies.

¶38