Dismissed¶37

Nishitha v. the State of Ap

Andhra Pradesh HC22 Feb 2026WP/1682/2019

Case brief

AI extract

What is this about?

Silica sand mining lease application dated 17.12.2003 (Ac.40.00, Sy.Nos.456, 457, 447, 470, Chinatavaram Village, Chillakur Mandal, Nellore District) kept pending by mines authorities; writ of mandamus under Article 226 refused; applicant held ineligible under Section 10(A)(1) MM(D&R) Amendment Act 2015 per Divisional Mines and Geology Officer, Gudur instructions dated 21.02.2026; writ petition dismissed on 23.02.2026; no costs; miscellaneous petitions closed; identifier APHC010037032019.

What did the court decide?

On perusal of the written instructions of the Divisional Mines and Geology Officer, Gudur dated 21.02.2026 (made part of the record), the petitioner's application was rejected as it had not made out the prerequisites under the MM(D&R) Amendment Act, leaving the petitioner ineligible. ¶36

Nishitha Vs the State of Ap — Mining and Natural Resources | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the respondents' action in keeping the petitioner's mining lease application dated 17.12.2003 (silica sand, Ac.40.00 in Sy.Nos.456, 457, 447 and 470 of Chinatavaram Village, Chillakur Mandal, Nellore District) pending without any reasons is arbitrary, illegal, unconstitutional and violative of principles of natural justice, warranting a writ of mandamus directing the respondents to process the application. +1 more

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Court's answer

In view of the petitioner's ineligibility as per the Divisional Mines and Geology Officer's instructions dated 21.02.2026, the writ petition is dismissed; no order as to costs and miscellaneous petitions, if any, stand closed.

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Ratio / Principle

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Detailed headnote1 paragraphs

Writ Petition No.1682 of 2019 (High Court of Andhra Pradesh at Amaravati, decided 23.02.2026, Maheswara Rao Kuncheam, J.) - Mandamus under Article 226 sought by M/s.Nishitha Mines and Minerals declaring arbitrary and illegal the respondents' keeping pending, without reasons, its application dated 17.12.2003 for a silica sand mining lease over Ac.40.00 in Sy.Nos.456, 457, 447 and 470 of Chinatavaram Village, Chillakur Mandal, Nellore District, and directing processing of the application. The learned Assistant Government Pleader for Mines and Geology placed on record written instructions dated 21.02.2026 of the Divisional Mines and Geology Officer, Gudur stating the application ineligible under Section 10(A)(1) of the MM(D&R) Amendment Act, 2015. Holding that the application stood rejected for non-fulfilment of the prerequisites under the said Act and the petitioner remained ineligible, the Court dismissed the writ petition; no order as to costs; miscellaneous petitions closed.

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APHC010037032019

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

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MONDAY, THE TWENTY THIRD 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: 1682 OF 2019

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Between:

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M/s.Nishitha Mines and Minerals, Rep by its Managing Partner, Smt.P.Devasena Reddy, W/o.P.Sivakumar Reddy R/o.H.No.7/105, Mittapalem Street, Gudur, 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 Distsrict, 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 17.12.2003 for silica sand over an extent of 40.00 Acs in Sy.No.456 457 447 and 470 of Chinatavaram Village, Chillakur Mandal and Nellore District, Andhra Pradesh State

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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.

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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 to process the Mining Lease application dt 25.08.2004 of the Petitioner over an extent of 40.00 Acs in SyNo.456, 457, 447 and 470 of Chinatavaram Village, Chillakur Mandal and Nellore District, Andhra Pradesh State pending disposal of the Writ Petition in the interest of justice.

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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 to direct the Respondents not to grant the quarry lease to the third parties over the area applied by the Petitioner of an extent of 40.00 Acs in Sy.No.456,457,447 and 470 of Chinatavaram Village, Chillakur Mandal and Nellore District, Andhra Pradesh State pending disposal of the Writ Petition in the interest of justice.

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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.1682 OF 2019

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ORDER:

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The instant writ petition has been filed by the petitioner under

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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. 17.12.2003 for silica sand over an extent of 40.00 Acs in Sy.No.456 457 447 and 470 of Chinatavaram Village, Chillakur Mandal and 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

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for mining lease vide application dated 17.12.2003 for silica sand over an extent of Ac.40.00 Cents in Sy.No.456, 457, 447 and 470 of Chinatavaram 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, submitted written instructions in open Court issued by the Divisional Mines and Geology Officer, Gudur, dated 21.02.2026 and submits 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 perusal of the relevant paragraph in the written instructions submitted by the learned AGP, which is made as part of the record, it appears that the application of the petitioner was rejected since it has not made out the prerequisites under the MM DR Amendment Act.

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Hence, the writ petition is dismissed and the petitioner is remained as ineligible vide instructions dated 21.02.2026 issued by the Divisional Mines and Geology Officer, Gudur.

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There shall be no order as to costs. Miscellaneous petitions pending if any, shall stand closed.

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______________________________ MAHESWARA RAO KUNCHEAM, J

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Date:23.02.2026 Rns

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THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

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WRIT PETITION No.1682 of 2019

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