Mr. Kuchipudi Venkata Bhaskara Rao Vs the State of Ap

MR. KUCHIPUDI VENKATA BHASKARA RAO, S/O. VENKATA RAO, AGED 55 YEARS, R/O. GOWRIVALLI VILLAGE, CHAGALLU MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH.

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...PETITIONER

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AND

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THE STATE OF AP, REPRESENTED BY ITS PRINCIPLE SECRETARY INDUSTRIES AND COMMERCE (MINES-II) DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH.

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

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THE DEPUTI DIRECTOR OF MINES AND GEOLOGY, H. NO. 66-9-3F, HOSPITAL STREET, NARASANNA NAGAR, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH.

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THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, H. NO. 787-10, GANDHIPURAM, RAJAHMUNDRY-3, EAST GODAVARI 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

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nature of Writ of Mandamus to declare the action of the respondent no. 3 in issuing the show cause notice no. 1428/Q/2018 dated 25.04.2018 in-spite of orders passed in WP No. 40130 of 2017 dated 07.12.2017 in-spite of declaring the amendment made to Rule 12(1) of AP Minor Mineral Concession Rules 1966 through G.O.Ms. No. 81 Industries and Commerce (Mines-II) Department dated 01.06.2017 issued by the 1^st respondent is only prospective and not effecting the pending applications for grant of mining lease as illegal, arbitrary and also contemptuous in nature consequentially, direct the respondents 2 to 4 herein to process the quarry lease application of the petitioner dated 21.08.2015 for Gravel over an extent of 56 hectare in Survey Number 1/1 of Chinnamallapuram Village of Routhulapudi Mandal, East Godavari District without insisting for payment of enhanced application fee and the deposit amount at the rate of Rs. 10,000/- per hectare as contemplated in amended Rule 12(1) of AP Minor Mineral Concession Rules 1966 through G.O.Ms. No. 81 Industries and Commerce (Mines-II) Department dated 01.06.2017 as per the orders passed in WP No. 40130 of 2017 forthwith and to 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 2 to 4 herein to process the quarry lease application of the petitioner dated 21.08.2015 for Gravel over an extent of 56 hectare in Survey Number 1/1 of Chinnamallapuram Village of Routhulapudi Mandal, East Godavari District without insisting for payment of enhanced application fee and the deposit amount at the rate of Rs. 10,000/- per hectare as contemplated in amended Rule 12(1) of AP Minor Mineral Concession Rules 1966 through G.O.Ms. No. 81 Industries and Commerce (Mines-II) Department dated 01.06.2017 as per the orders passed in WP No. 40130 of 2017 forthwith pending disposal of the above writ petition

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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 (AP)

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The Court made the following:

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 3742 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 or Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondent no. 3 in issuing the show cause notice no. 1428/Q/2018 dated 25.04.2018 in-spite of orders passed in WP No. 40130 of 2017 dated 07.12.2017 in-spite of declaring the amendment made to Rule 12(1) of AP Minor Mineral Concession Rules 1966 through G.O.Ms. No. 81 Industries and Commerce (Mines-II) Department dated 01.06.2017 issued by the 1^st respondent is only prospective and not effecting the pending applications for grant of mining lease as illegal, arbitrary and also contemptuous in nature consequentially, direct the respondents 2 to 4 herein to process the quarry lease application of the petitioner dated 21.08.2015 for Gravel over an extent of 56 hectare in Survey Number 1/1 of Chinnamallapuram Village of Routhulapudi Mandal, East Godavari District without insisting for payment of enhanced application fee and the deposit amount at the rate of Rs. 10,000/- per hectare as contemplated in amended Rule 12(1) of AP Minor Mineral Concession Rules 1966 through G.O.Ms. No. 81 Industries and Commerce (Mines-II) Department dated 01.06.2017 as per the orders passed in WP No. 40130 of 2017 forthwith and to pass…”

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When the matter was taken up for hearing, the learned counsel for the petitioner brought to the notice of this Court that, on 03.04.2019, this Court had passed an interim direction in I.A. No.1 of 2019, whereby the 3^rd respondent was directed to pass appropriate orders in accordance with law by considering the representation made by the petitioner.

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Subsequently, the matter underwent multiple adjournments, including on 27.02.2026 and 03.03.2026. Finally, when the matter was listed today, the

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learned Assistant Government Pleader submitted that the District Mines and Geology, Kakinada, had passed Proceedings No.5331/Q/2012 dated 04.03.2026, rejecting the case of the petitioner.

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The learned counsel for the petitioner submitted that, till date, the petitioner had not received the said order dated 04.03.2026 passed by the Deputy Director, Office of the District Mines and Geology, Kakinada. At that juncture, the learned Assistant Government Pleader furnished a copy of the proceedings dated 04.03.2026 to the learned counsel for the petitioner.

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Upon receiving a copy of the said proceedings, the learned counsel for the petitioner fairly submitted that the writ petition may be closed, leaving it open to the petitioner to challenge the same. The learned Assistant Government Pleader did not oppose the said submission.

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Accordingly, the writ petition is disposed of with the following direction: the petitioner is at liberty to challenge the Proceedings No.5331/Q/2012 dated 04.03.2026 passed by the Deputy Director, Office of the District Mines and Geology, Kakinada, 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: 12.03.2026 RMR

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM