Smt. Baratam Asha, Vs The State of Andhra Pradesh

The State of Andhra Pradesh, Represented 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, Vijayawada, Krishna District, Andhra Pradesh.

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The Deputy Director, of Mines and Geology, Government of Andhra Pradesh, Vizianagaram District, Andhra Pradesh.

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The Assistant Director of Mines and Geology, Vizianagaram, Vizianagaram District, Andhra Pradesh

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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 toissue 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. vide Letter No. 759/QL/DDMGVZM/2021 dated 07.12.2021 for levying Premium Amount before issuing of Letter of Intent/LIO (offer) for grant of lease is contrary to section 15(3)

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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 direct the respondents not to effect the G.O.Ms. No. 65 of Industries and Commerce (Mines-III) Department dated 04.08.2021 to the petitioner 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 pass

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IA NO: 1 OF 2022

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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 For the reasons stated in the affidavit filed in support of the above Writ Petition it is hereby prayed that this Hon'ble Court may be pleasedto direct the respondents not to effect the G.O.Ms. No. 65 of Industries and Commerce (Mines-III) Department dated 04.08.2021 to the petitioner 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 (MinesIII) Department dated 04.08.2021 of the Government of Andhra Pradesh pending disposal of the above writ petition and pass

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Counsel for the Petitioner: V SAI KUMAR

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Counsel for the Respondents: GP FOR MINES AND GEOLOGY

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Counsel for the Respondents:ADDL ADVOCATE GENERAL

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The Court made the following order:

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HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

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WRIT PETITION No.3315 OF 2022

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ORDER:

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The instant writ petition has been filed 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. vide Letter No. 759/QL/DDMG-VZM/2021 dated 07.12.2021 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 direct the respondents not to effect the G.O.Ms. No. 65 of Industries and Commerce (Mines-III) Department dated 04.08.2021 to the petitioner 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 pass…..”

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Heard Sri V.Sai Kumar, learned counsel for the petitioner as well as the learned Assistant Government Pleader for Mines & Geology, appearing for the respondents.

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The sum and substance of the case of the writ petitioner is that the petitioner preferred an application seeking grant of quarry lease over an extent of 4.85 hectors in Sy.No.24 of Pedagadaba Village, Gurugubilli Mandal, Vizianagaram District with all pre-requisites and the said application dated 08.03.2019 is pending consideration before the concerned authorities without any plausible reasons. According to the petitioner his application is prior to the date of issuance of G.O.Ms.No.65 of Industries and Commerce (Mines-III) Department dated 04.08.2021.

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It is also asserted that in terms of G.O.Ms.No.65, the case of the petitioner is liable to be considered, but the respondent authorities have not acted upon. Thus, the petitioner instituted the instant writ petition.

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Learned counsel for the petitioner further submits that at the time of admission, this Honourable Court directed the respondents

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not to take any coercive steps pursuant to the impugned orders in the writ petition.

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Conversely, the learned Government Pleader for Mines & Geology submits that in view of subsequent events and policy decision initiated by the Government of Andhra Pradesh, G.O.Ms.No.100, Industries & Commerce (Mines-II) Department, dated 26.06.2025 came to be in force, as such, the very claim of the writ petitioner to consider their application under the light of G.O.Ms.No.65 of Industries and Commerce (Mines-III) Department dated 04.08.2021 become redundant. Hence, the very writ petition is liable to be dismissed.

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In the light of above rival submissions, it is apposite to mention that the Government of Andhra Pradesh claims that after noting the ground realities to promote sustainable, responsible mineral developments and also by giving priority to environmental preservation and community welfare and further maximizing the economic benefits of mineral wealth brought Andhra Pradesh Minor Mineral Policy, 2025 vide G.O.Ms.No.57 Industries & Commerce (Mines-II) Department dated 18.04.2025. Thereafter, the Government of Andhra Pradesh, by amending A.P. Minor Mineral

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Concession Rules, 1966 so as to implement the A.P. Minor Mineral

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Policy, 2025 effectively and comprehensively, notified G.O.Ms.No.100 Industries & Commerce (Mines-II) Department dated 26.06.2025.

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In the above said Government Orders dated 26.06.2025, Rule 12 (2-A) relates to the disposal of pending applications. For the sake of comprehensive view, it is relevant to extract Rule 12 (2-A) of G.O.Ms.No.100 Industries and Commerce (Mines-II) Department, dated 26.06.2025 as under:

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“12 (2-A) Disposal of Pending Applications

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i. Notwithstanding anything stated in these rules, all applications filed for grant of Quarry Lease for minor minerals listed in Schedule IV and are pending as on 13.03.2022 shall become eligible( irrespective of any ineligible orders issued after the introduction of Andhra Pradesh Minor Mineral Auction Rules 2022 subject to the area applied was free and not covered in the orders issued for auction/nomination/allotment.

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ii. In the event of any conflict between applications filed for grant of Quarry Lease by applicants before 13.03.2022 which are now deemed eligible, and applications filed by APMDC or for other national/ state projects, under the provisions of Rule 11(1)(i) of these rules and pending for grant, the competent authority shall give priority to and

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consider for grant of quarry lease the applications submitted under Rule 11(1)(i) of these rules.

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iii. The deemed eligible applications under sub rule (i) shall be considered by Director or Deputy Director concerned, as the case may be, for grant of Quarry Lease subject to the applicant having first priority as on 13.03.2022, based on date of filing and other eligibility criteria and payment of one time of Annual Dead Rent as a security amount within a period of three months to the Head of Account prescribed by the Government from the date of issue of these rules.

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Provided that the applications which are rejected or withdrawn before 13.03.2022 and the applications, for which the application fee andsecurity deposit not paid as per the prevailing rules on 13.03.2022 shall not be considered for grant.

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Provided further that all other applications not having the priority as per this rule shall be deemed ineligible.”

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At that juncture, counsel for the petitioner expressed that the

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petitioner may be permitted to prefer representation along with his earlier representation which was made prior to the prescribed date i.e. 13.03.2022 with all relevant documents.

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A plain reading of the above Government Orders crystal clear that, not withstanding anything in the Rules, all the applications preferred seeking quarry lease pending as on 13.03.2022 shall become eligible to be considered by the competent authorities,

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subject to terms and conditions as detailed above. Thus, in view of

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the above statutory realm, it is a bounded duty that rests upon the respondent authorities to dispose of the same.

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Considering the submissions made by the respective counsel and also keeping in view the aforesaid G.O.Ms.No.100 Industries & Commerce (Mines-II) Department dated 26.06.2025, the writ petition

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is disposed of, with the following directions:-

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The petitioner is hereby directed to file a fresh representation by duly enclosing their previous application dated 08.03.2019 with all relevant documents to the competent authority;

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In that event, the competent authority is hereby directed to consider the case of the petitioner in accordance with law by giving due opportunity to the petitioner strictly in terms of G.O.Ms.No.100, Industries & Commerce (Mines-II) Department, dated 26.06.2025, as early as possible.

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There shall be no order as to costs. Miscellaneous petitions

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pending if any, shall stand closed.

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______________________________ MAHESWARA RAO KUNCHEAM, J

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Date:09.03.2026 Rns

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THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM