Sri Ram Mines and Minerals Vs the State of Ap

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APHC010037012019

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

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FRIDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 1675 OF 2019

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Between:

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Sri Ram Mines And Minerals, Represented by its Managing Partner, Sri Duvvuru Madhusudhan Reddy, S/o. Late Ranga Reddy, Age 54 Years, Occ Business, Ballavolu Village, Chillakur, Nellore District, A.P.

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep.by its Principal Secretary, Industries and Commerce Department Secretariat, Velagapudi, Amaravathi Guntur District, A.P

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The Director of Mines and Geology, Anjani Towers, Ibrahimpatnam, Krishna District, A.P

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The Assistant Director of Mines and Geology, Nellore, SPSR Nellore District, A.P

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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, direction or order more particularly one in the nature of writ of MANDAMUS declaring the action of the Respondents in keeping my Mining Lease application dt.29.04.2002 for silica sand over an extent of Ac171.11 Cents in Sy.No.423/P, 425, 426, 431, 433, 434, 437, 438, 439, 440, 441 ,442, 734, 735, 738, 439, 737, 739 at Momidi

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Village, Chillakur Mandal & Nellore District, Andhra Pradesh State pending without any reasons as arbitrary, illegal, unconstitutional, contrary to the Government orders and violative of principles of natural justice and consequently direct the Respondents to process the Mining lease application of the Petitioner and this Honourble court may pass

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IA NO: 1 OF 2019

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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 direct the Respondents not to grant the mining lease to third parties over the area applied for mining lease by the Petitioner over an extent of Ac171.11 Cents in Sy.No.423/P, 425, 426, 431, 433, 434, 437, 438, 439, 440, 441 ,442, 734, 735, 738, 439, 737, 739 at Momidi Village, Chillakur Mandal & Nellore District, Andhra Pradesh State pending disposal of the Writ Petition in the interest of justice and pass

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IA NO: 2 OF 2019

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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

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Counsel for the Petitioner: VENKAT REDDY DONTHI REDDY

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Counsel for the Respondents: GP FOR MINES AND GEOLOGY (AP) The Court made the following order:

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HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

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WRIT PETITION No.1675 OF 2019

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ORDER:

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The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking the following main prayer:

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“to issue a writ, direction or order more particularly one in the nature of writ of MANDAMUS declaring the action of the Respondents in keeping my Mining Lease application dt. 29.04.2002 for silica sand over an extent of Ac171.11 Cents in Sy.No.423/P, 425, 426, 431, 433, 434, 437, 438, 439, 440, 441 ,442, 734, 735, 738, 439, 737, 739 at Momidi Village, Chillakur Mandal & Nellore District, Andhra Pradesh State pending without any reasons as arbitrary, illegal, unconstitutional, contrary to the Government orders and violative of principles of natural justice and consequently direct the Respondents to process the Mining lease application of the Petitioner and this Honourable court may pass …..”

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The substratum of the writ affidavit is that the petitioner applied for mining lease vide application dated 29.04.2002 for silica sand over an extent of Ac171.11 Cents in Sy.No.423/P, 425, 426, 431, 433, 434, 437, 438, 439, 440, 441 ,442, 734, 735, 738, 439, 737, 739 at Momidi Village, Chillakur Mandal & Nellore District, and averred several contentions in the writ affidavit.

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At the time of considering the matter, Sri G.Krishnaiah, learned counsel representing Sri D.Venkata Reddy, learned counsel for the petitioner submits that the writ petition instituted way back in the year 2019. In view of passage of time, the petitioner is presently not in contact with petitioner’s counsel office.

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On the other side, learned Assistant Government Pleader for Mines and Geology, while drawing the attention of this Court to para No.8 of the counter affidavit filed on behalf of respondent Nos.1 to 3, submits that the 2^nd respondent-Director of Mines & Geology, Ibrahimpatnam, Government of Andhra Pradesh, has issued the order dated 11.01.2019, where under it is mentioned that the application of the petitioner is ineligible as per Section 10-(A)(1) of MM (D&R) Amendment Act, 2015.

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Taking into consideration the submission made by the learned Assistant Government Pleader and on a perusal of the relevant order dated 11.01.2019 issued by the 2^nd respondent Department officials, it appears that the application of the petitioner was rejected since it has not made out the pre-requisites under the MM DR Amendment Act.

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