Sri.T.R. Muthukumar, Vs The State of Andhra Pradesh

SRI.T.R. MUTHUKUMAR,, S/O. RANGASWAMY, AGED ABOUT 60YEARS RESIDING AT D.NO., 159, THIRU V.K. STREET, PUNJAIPULIAMPATTI VILLAGE, SATYAMANGALAM, ERODE DISTRICT - 634 469 TAMILNADU

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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, SECRETARIAT, AMAVARATHI.522 238

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THE DIRECTOR OF MINES AND GEOLOGY, STATE OF ANDHRA PRADESH, SRI ANJANEYA TOWERS, D.NO. 7-104, 5TH AND 6TH FLOORS, B-BLOCK, IBRAHIMPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH. 521 456

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THE DISTRICT MINES AND GEOLOGY OFFICER, CHITTOOR, CHITTOOR DISTRICT 517 001

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DIVISIONAL MINES AND GEOLOGY OFFICER, CHITTOOR, CHITTOOR DISTRICT. 517 001

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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 topleased to issue a writ or direction, more particularly one in the nature of Writ of Mandamus declaring action of the respondents for non processing of the petitioner quarry lease application for Black Granite, and grant quarry lease, over an extent of 3.950 Hectors in Sy.No.1 of Mopireddipalli Village, Penumur Mandal, Chittoor District, through the SDP

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vide Application ID No. MLN011800065715, dated 16.07.2018 by the Respondents, as arbitrary, ultra vires, unjust, against principles of natural Justice and unconstitutional as arbitrary, unjust, against principles of natural Justice and unconstitutional and contrary to the provisions of A.P. Minor Mineral Concession Rules, 1966 and consequently direct the Respondent authorities to consider the petitioner representation dated 23.03.2026 and direct the respondents to grant quarry lease, to the favor of the petitioner and pass appropriate orders and to pass

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IA NO: 1 OF 2026

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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 pleased to direct the Respondent authorities to consider the petitioner quarry lease application for Black Granite, and grant quarry lease, over an extent of 3.950 Hectors in Sy.No.1 of Mopireddipalli Village, Penumur Mandal, Chittoor District, through the SDP vide Application ID N0.MLNOII800065715, dated 16.07.2018, pending disposal of this writ petition, and to pass

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Counsel for the Petitioner:

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1.G N UMA RANI

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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: 9171/2026

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The writ petition is filed under Article 226 of the Constitution of India,

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seeking the following main prayer:

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“…..declaring action of the respondents for nonprocessing of the petitioner quarry lease application for Black Granite, and grant quarry lease, over an extent of 3.950 Hectors in Sy.No.1 of Mopireddipalli Village, Penumur Mandal, Chittoor District, through the SDP vide Application ID No. MLN011800065715, dated 16.07.2018 by the Respondents, as arbitrary, ultra vires, unjust, against principles of natural Justice and unconstitutional as arbitrary, unjust, against principles of natural Justice and unconstitutional and contrary to the provisions of A.P. Minor Mineral Concession Rules, 1966 and consequently direct the Respondent authorities to consider the petitioner representation dated 23.03.2026 and direct the respondents to grant quarry lease, to the favor of the petitioner and to pass…..”

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Mines & Geology.

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According to the learned counsel for the petitioner, the petitioner filed an application dated 16.07.2018 seeking grant of a quarry lease for Black Granite over the subject land, along with requisite documents before the 4^th respondent. On the same day, the Assistant Director of Mines and Geology, Chittoor, forwarded the said application to the then Tahsildar, Penumur Mandal, for submission of a report regarding Classification and Availability of the applied area and for issuance of “No objection Certificate” (NOC) for grant of quarry lease. Pursuant thereto, the then Tahsildar, Penumur issued NOC in favour of the petitioner, vide, Roc.No.A/251/2018 dated 06.09.2018.

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Learned counsel for the petitioner also submits that in view of G.O.Ms.No.100 Industries & Commerce (Mines-II) Department dated 26.06.2025 issued by the Government of A.P., the petitioner has all prerequisites in the representation dated 23.03.2026, which is still pending consideration before the concerned authorities till today. It is submitted that, having been left with no other efficacious remedy, the petitioner has approached this Court seeking appropriate directions. Learned counsel also places reliance on the orders dated 15.12.2025 in W.P.No.34454 of 2025 and orders dated 17.02.2026 in W.P.No.5454 of 2026 passed by this Court.

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Per contra, the learned Assistant Government Pleader for Mines & Geology submits that the petitioner applied for quarry lease as per the procedure in vogue. She submits that permission has to be accorded from various departments, however, in the present case, the same have not been obtained by the petitioner. The learned Assistant Government also fairly submits that the concerned Tahsildar, Penumur submitted report and issued no objection to the Assistant Director for Mines & Geology with regard to the petitioner’s application. It is further submitted that the application filed by the petitioner is still pending.

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At this juncture, it is apt to note that the Government of Andhra Pradesh has now issued new Minor Mineral Policy, 2025 vide G.O.Ms.No.100, Industries & Commerce (MINES-II) Department, dated 26.06.2025. As per the said G.O. all pending applications as of 13.03.2022 shall be considered for the

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grant of a lease, subject to the conditions specified. The relevant clause of the Policy provides as follows:

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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 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. Provided that the applications which are rejected or withdrawn before 13.03.2022 and the applications, for which the application fee and security deposit not paid as per the prevailing rules on 13.03.2022 shall not be considered for grant. Provided further that all other applications not having the priority as per this rule shall be deemed ineligible.”

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In view of the aforesaid circumstances and also in view the

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recommendation made and NOC issued by the concerned Tahsildar to the Assistant Director of Mines & Geology, the writ petition is disposed of, with a direction to the 2^nd respondent to consider the application dated 16.07.2018 of

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the petitioner as per G.O.Ms.No.100 dated 26.06.2025 (supra), within a period

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of (3) three months, from the date of receipt of copy of this Order.

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