Dismissed¶35

Y.Baladatta Kumar v. the State of Andhra Pradersh

Andhra Pradesh HC10 Mar 2026WP/28500/2021

Case brief

AI extract

What is this about?

Andhra Pradesh High Court at Amaravati; Writ Petition No. 28500 of 2021; single judge, Justice Maheswara Rao Kuncheam; decided 11.03.2026. Petitioner Y. Baladatta Kumar challenged levy of Premium Amount before issuance of LOI under G.O.Ms. No. 65 dated 04.08.2021 (Industries and Commerce (Mines-III) Department) and consequential letter dated 27.08.2021, invoking Section 15(3) MMDR Act, 1957 and Articles 14, 246, 265. Petition dismissed as withdrawn with liberty; no costs; no merits decision; no precedents cited.

What did the court decide?

Writ petition dismissed as withdrawn; liberty granted to the petitioner to work out his legal remedies in accordance with law; no order as to costs; all pending applications (including IA No. 1 of 2021) stand closed. ¶35

Y.Baladatta Kumar Vs the State of Andhra… — Mining and Natural Resources | Andhra Pradesh HC (2026)

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APHC010472292021

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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(Special Original Jurisdiction)

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[3504]

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WEDNESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

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WRIT PETITION NO: 28500/2021

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Between:

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Y.BALADATTA KUMAR, S/O. GURAVAIAH, AGED 33 YEARS, R/O. D. NO. 5-91-22/2, 4TH LANE, LAKSHMIPURAM, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADERSH, , REP. BY ITS PRINCIPAL SECRETARY INDUSTRIES AND COMMERCE DEPARTMENT SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH.

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THE DIRECTOR OF MINES AND GEOLOGY, IBRAHIMPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH.

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THE DEPUTY DIRECTOR OF MINES AND GEOLOGY, GOVERNMENT OF ANDHRA PRADESH, SRIKAKULAM DISTRICT, ANDHRA PRADESH.

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THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, , SRIKAKULAM DISTRICT AT NANDIGAM, SRIKAKULAM DISTRICT, ANDHRA PRADESH.

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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 to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the G.O.Ms. No. 65 of Industries and Commerce (Mines-III) Department dated 04.08.2021 and consequential impugned letter no. 1897/D1-2/2020 dated 27.08.2021, for levying, Premium Amount, before issuing of Letter of Intent/LIO (Offer) for grant of lease is contrary to section 15(3) of the Mines and Minerals (Development and Regulations) Act, 1957 is illegal, arbitrary, ultra virus, against Articles 14, 246 and 265 of the Constitution of India and consequentially set aside the G.O.Ms. No. 65 of Industries and Commerce (Mines-III) Department dated 04.08.2021 by directing the respondent authorities to consider the application of the petitioner as per rules and procedure prevailed prior to the issuance of the G.O.Ms. No. 65 of Industries and Commerce (Mines-III) Department dated 04.08.2021 of the Government of Andhra Pradesh and to pass

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IA NO: 1 OF 2021

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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 set aside the G.O.Ms. No. 65 of Industries and Commerce (Mines-III) Department dated 04.08.2021 by directing the respondent authorities to consider the application of the petitioner as per rules and procedure prevailed prior to the issuance of the G.O.Ms. No. 65 of Industries and Commerce (Mines-III) Department dated 04.08.2021 of the Government of Andhra Pradesh pending disposal of the above writ petition and to pass

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Counsel for the Petitioner:

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1.V SAI KUMAR

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Counsel for the Respondent(S):

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1.GP FOR MINES AND GEOLOGY

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The Court made the following:

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 28500 of 2021

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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 or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the G.O.Ms. No. 65 of Industries and Commerce (Mines-III) Department dated 04.08.2021 and consequential impugned letter no. 1897/D12/2020 dated 27.08.2021, for levying, Premium Amount, before issuing of Letter of Intent/LIO (Offer) for grant of lease is contrary to section 15(3) of the Mines and Minerals (Development and Regulations) Act, 1957 is illegal, arbitrary, ultra virus, against Articles 14, 246 and 265 of the Constitution of India and consequentially set aside the G.O.Ms. No. 65 of Industries and Commerce (Mines-III) Department dated 04.08.2021 by directing the respondent authorities to consider the application of the petitioner as per rules and procedure prevailed prior to the issuance of the G.O.Ms. No. 65 of Industries and Commerce (Mines-III) Department dated 04.08.2021 of the Government of Andhra Pradesh and to pass…”

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Sri V.Sai Kumar, learned counsel for the petitioner, submitted that, in view of the subsequent events that have taken place in the lis, the cause does not survive for further proceedings. Accordingly, he seeks to withdraw the lis to work out petitioner legal remedies as per law.

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Accordingly, the writ petition is dismissed as withdrawn. However, liberty is granted to the petitioner to work out his legal remedies in accordance with law. There shall be no order as to costs.

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As a sequel, all pending applications shall stand closed.

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____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM

Date: 11.03.2026 RMR

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

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