Andhra Pradesh High Court – Amravati
M/S. Sri Durga Corporation, vs The State Of Andhra Pradesh, on 20 March, 2025
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
0
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATl
(SpecI-al Original Jurisdiction)
THURSDAY, THE TWENTIETH DAY OF MARCH
TWO THOUSAND AND TWENTY FIVE
PRESENT
HON'BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE
AND
HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
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ELBIT PETITION NO: 19459 OF 2022_
Between:
1. Federation of Minor Minerals Industry (FEMM), Registered body, having
its office at 24-88/7. Srinivas Nagar. Simhachalam, Visakhapatnam.
Rep.by its Secretary
2. Chellu Nag9 Sankara Rao, S/o. Ch. Hanumantha Rao, aged years. occ.
business, rlo. D. No. 41-1/20-18, 3F-401, Parni Badrinandan Heights,
Krishna Lanka. Vijayawada-13, NTR District.
H.Petitioners
AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary,
Industries and Commerce (Mines-Ill) Department, A.P.Secretariat,
Velagapudi, Guntur District, A.P.
2. The Director of Mines and Geology, State of Andhra Pradesh,
Ibrahimpatnam, Krishna District.
3. The Deputy Director of Mines and Geology, NTR District, Andhra
Pradesh 4. The Assistant Director of Mines and Geology. NTR District,
Andhra Pradesh.
...Respondents
O
petit-Ion 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 such appropriate writ or order or direction more
particularly. in the nature of a Writ of Mandamus declaring the various
amendments made to Rule 7-A (v), Rule 9 (i), (iii), Rule 12 (2),12 (4) (ii) (b),
Rule 12 (5) (a) (i), Rule 12 (5) (a) (ii), Rule 12 (5) (c), Rule 12 (5) (d), Rule
12 (5) (f) (ii), Rule 12 (5) (h) (xi) (i) and Rule 14 of A.P. Minor Mineral
Concession Rules, 1966 by the first respondent through GO MS No.13,
Industries and Commerce (Mines-Ill) Department dated 14-03-2022 as not
only arbitrary and illegal but also ultra vires being contrary to See.14 and 15
of the Mines and Minerals (Development and Regulation) Act, 1957 and
consequently set aside the order of the 3rd respondent dated 12-5-2022 in
Proceedings No. 297/Q1/2022.
lANO: 1 OF2022
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 grant stay of operation of the impugned amendments made to
Rule 7-A (v), Rule 9 (i), (iii), Rule 12 (2),12 (4) (ii) (b), Rule 12 (5) (a) (i),
Rule 12 (5) (a) (ii), Rule 12 (5) (c), Rule 12 (5) (d), Rule 12 (5) (f) (ii), Rule
12 (5) (h) (xi) (i) and Rule 14 of A,P. Minor Mineral Concession Rules,1966
through G.O.Ms.No.13, Industries and Commerce (Mines-Ill) Department
dated 14-03-2022, pending disposal of this writ petition by this Hon'ble
court.
Counsel for the Petitioners: SRI HARI SREEDHAR
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
a
WRIT PETITION NO: 14827 OF 2022_
Between:
M/s. Rohith Minerals, Seelamvari Street, Main Road, Cheemakurthi
Village and Manda[, Prakasham District. Rep., By Its Managing Director,
Maddi Prabhkara Rao, S/o Kotaiah, Aged 51 years,
...Petitioner
AND
1. The State ofAndhra Pradesh, Rep. by its Principal Secretary,
Department of Industries and commerce (Mines-Ill), Secretariat,
Velagapudi, Amaravathi, Guntur District.
2. The Director, Department of Mines and Geology, Government of
Andhra Pradesh, lbrahimpatnam, vijayawada, Krishna District.
3. The Deputy Director, Department of Mines and Geology, Government of
Andhra Pradesh, Chittoor, Chittoor District.
4. The Assistant Director, Department of Mines and Geology, Government
ofAndhra Pradesh, Palamaneru, Chittoor District.
...Respondents
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 the Writ, Order or direction more particularly one in the
nature of Writ of Mandamus to set-aside the amended Rules-12 (5) (d) of
the Andhra Pradesh Minor Mineral Concession Rules, 1966 which was
amended through G.O.MS.No.13, Industries and Commerce (Mines-Ill)
Department, dated 14.03.2022, subsequently to direct the respondents 2 to
4 to grant the quarry lease to the petitioner in Survey No.22 Part, an extent
of 4-000 Hectors at Raganipalli Village, Punganur MandaI, Chittoor District
based on the No-Objection certificate issued by the Tahsildar, Punganur
Mandal, Chittoor District vide ROC A/162/2019, dated 09.07.2019 as on
existing Rules.
lANO: 1 OF2022
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
O
pleased to direct the respondents not to grant the quarry lease' of the
petitioner's Application in Survey No.22 Part, an extent of 4-845 Hectors at
Raganipalli Village, Punganur Mandal, Chittoor District to the third parties
by suspending the amended Rules-12 (5) (d) of the Andhra Pradesh Minor
Mineral Concession Rules, 1966 which was amended through
G.O.MS.No.13, Industries and Commerce (Mines-Ill) Department, dated.
14.03.2022, pending disposal of the Writ Petition.
Counsel for the Petitioner: SRI K RAMA KOTESWARA RAO
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 14886 OF 2022
Between :
M/s. Rohith Minerals, Seelamvari Street, Main Road, Chimakurthy
Village and Mandal, Prakasham District. Rep., By Its Managing Partner,
Maddi Prabhkara Rao, S/o Kotaiah, Aged 51 years,
...Petitioner
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary,
Department of Industries and Commerce (Mines-lll), Secretariat,
Velagapudi, Amaravathi, Guntur District.
2. The Director, Department of Mines and Geology, Government of
Andhra Pradesh, lbrahimpatnam, Vijayawada, Krishna District.
3. The Deputy Director, Department of Mines and Geology, Government of
Andhra Pradesh, Chittoor, Chittoor District.
4. The Assistant Director, Department of Mines and Geology, Government
ofAndhra Pradesh, PGM Towers, Gaddur Junction, Palamaner,
Chittoor District.
...Respondents
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 the Writ, Order or direction more particularly one in the
nature of Writ of Mandamus set-aside the amended Rules-12 (5) (d) of the
a
Andhra Pradesh Minor Mineral Concession Rules, 1966 which was
amended through G.O.MS.No.13, Industries and Commerce (Mines-Ill)
Department, dated 14.03.2022, subsequently to direct the respondents 2 to
4 to grant the quarry lease to the petitioner in survey No.22 Part, an extent
of 4-845 Hectors at Raganipalli Village, Punganur MandaI, Chittoor District
based on the No-Objection certificate issued by the Tahsildar, Punganur
Mandal, Chittoor District vide ROC A/163/2019, dated 09.07.2019 as on
existing Rules.
lANO: 1 OF2022
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 of the
petitioner's Application in Survey No.22 Part, an extent of 4-000 Hectors at
Raganipam Village, Punganur Mandal, Chittoor District to the third parties by
suspending the amended Rules-12 (5) (d) of the Andhra Pradesh Minor
Mineral Concession Rules, 1966 which was amended through
G.O.MS.No.13, Industries and Commerce (Mines-Hl) Department, dated
14,03.2022, pending disposal of the Writ Petition.
Counsel for the Petitioner: SRI K RAMA KOTESWARA RAO
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 15023 OF -2022
Between:
M/s. Hemankari Minerals, H.No.8/13, 4th Line, Nehru Nagar,
Chimakurthy Village and MandaI, Prakasham District. Rep., By Its
Managing Partner, Nemmikanti Venkata Sailaja, W/o Narasaiah Achary,
Aged 40 years,
u.Petitioner
AND
a
1. The State of Andhra Pradesh, Rep. by its Principal Secretary,
Department of lndustrie-s and Commerce (Mines-Ill), Secretariat,
Velagapudi, Amaravathi, Guntur District.
2. The Director, Department of Mines and Geology, Government of
Andhra Pradesh, Ibrahimpatnam, Vijayawada, Krishna District.
3. The Deputy Director, Department of Mines and Geology, Government of
Andhra Pradesh, Chittoor, Chittoor District.
4. The Assistant Director, Department of Mines and Geology, Government
of Andhra Pradesh, PGM Towers, Gaddur Junction, Palamaner,
Chittoor District,
...Respondents
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 the Writ, Order or direction more particularly one in the
nature of Writ of Mandamus to set-aside the amended Rules-12 (5) (d) of
the Andhra Pradesh Minor Mineral Concession Rules, 1966 which was
amended through G.O.MS.No.13, Industries and Commerce (Mines-Ill)
Department, dated 14.03.2022, subsequently to direct the respondents 2 to
4 to grant the quarry lease to the petitioner in Survey No.22 Part, an extent
of 4-000 Hectors at Raganipalli Village, Punganur Mandal, Chittoor District
based on the No-Objection certificate issued by the Tahsildar, Punganur
Mandal, Chittoor District vide ROC A/162/2019, dated 09.07.2019 as on
existing Rules.
lANO: 1 OF2022
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 of the
petitioner's Application in Survey No.22 Part, an extent of 4-000 Hectors at
Raganipalli Village, Punganur Mandal, Chittoor District to the third parties by
suspending the amended Rules-12 (5) (d) of the Andhra Pradesh Minor
Mineral Concession Rules, 1966 which was amended through
0
G.O.MS.No.13, Industries and Commerce (Mines-lll) Department, dated
14.03.2022, pending disposal of the Writ Pet',tion.
Counsel for the Petitioner: SRI K.RAMA KOTESWARA RAO
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 16392 OF 2022
Between:
M/s Chinmayi Granites, D.No.5/58G, KCB Quarters, Tekkali Village and
Mandal, Srikakulam District Rep. by its Partner Smt. K.Suneetha.
...Petitioner
AND
1. The State of Andhra Pradesh, Dept. of Mines and Geology, Secretariat,
Velagapudi, Guntur District, Rep by its Principal Secretary.
2. The Director of Mines and Geology, lbrahimpatnam, Vijayawada.
...Respondents
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 of Mandamus declaring the Rule 12(2) and
12(5)(d) of the AP Minor Mineral concession Rules,1966 as amended vide
G.O.Ms.No.13 dated 14.03.2022 declaring all pending applications for
mining lease made under APMMC Rules,1966 as ineligible as manifestly
arbitrary, violative of section 15 of the MMDR Act,1957 r/w Article 14 of the
Constitution of India and consequently direct the Respondents to forthwith
process the applications of the petitioner dated ll.06.2018 bearing File
no.5354/D1-1/2019 and File no. 5354/D1-1/2019 respectively of Respondent
No.2 for mining lease as per the AP Minor Mineral concession Rules,1966
as on the date of quarry lease application.
a
lANO: 1 OF2022
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 conduct auction under the AP
Minor Mineral Auction Rules, 2022 writ of the petitioners quarry lease
applications dated ll.06.2018 bearing File no.5354/D1-1/2019 and File no.
5354/D1-1/2019 respectively of Respondent No.2 pending disposal of WP.
lANO: 1 OF2024
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 suspend the proceedings Nol115/SKL/2023 dated 22.ll.2023
and further direct the Respondents not to confirm the Mining lease to other
parties pending disposal of the main Writ Petition.
Counsel for the Petitioner: M/s UTTARA LEGAL
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 17073 OF 2022
Between:
V.Narada Reddy, S/o. Seethrami Reddy, Hindu, D.No.2,
Sivalayamveedhi, T.Rachapalli, Tharigonda, Guitarrikonda Mandal,
Chittoor District.
.uPetitioner
AND
1. The State of Andhra Pradesh, Department of Mines and Geology,
Secretariat building, Velagapudi, Rep by its Principal Secretary.
2. The Director of Mines and Geology, lbrahimpatnam, Krishna District.
...Respondents
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 of Mandamus declaring the Rule 12(2) and
a 9
I
12(5)(d) of the AP Minor Mineral concession R-ules,1966 as amended vide
G.O.Ms.No.13 dated 14.03.2022 declaring all pending applications for
mining lease made under APMMC Rules,1966 as ineligible as manifestly
arbitrary, violative of section 15 of the MMDR Act,1957 r/w Article 14 of the
Constitution of India and consequently direct the Respondents to forthwith
process the applications of the petitioners for mining as per the AP Minor
Mineral concession Rules,1966.
IANO: 1 OF2022
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 conduct auction under the AP
Minor Mineral auction rules, 2022 wrt mining lease applications of the
petitioner bearing no. MNO321001335, MNO321001336 and MNO321001337
pending disposal oT-W.P.
Counsel for the Petitioner: M/s UTTARA LEGAL
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 18504 OF 2022
Between:
S.K.Nagarajan, S/o. Late S.Kamaiah, Aged about 75 years, Occ-
Business, R/o. D.No.497,9th Cross, MS Ramaiah North City, Dr.
Shaivarama Karanth Nagar, Bangalore -560077.
...Petitioner
AND
1. The State ofAndhra Pradesh, Rep. by its Principal Secretary, Mines
and Geology, Secretariat Building, Velagapudi, Amaravati, Guntur
District.
2. The Director of Mines and Geology, 5th FIoor, Block-B, Sri Anjaneya
Towers, Ibrahimpatnam, Vijayawada, Krishna District.
3. The Assistant Director of Mines and Geology, PGM Towers, Gaddur
Junction, Gudiyattam Road, Palamaner, Chittoor District.
10 O
4. The Tahsildar, B. Kothakota Mandal, Chittoor District.
...Respondents
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, order or direction more particularly one in the
nature of Writ of Mandamus to set aside the amended Rules-12 (5) (d) of
the Andhra Pradesh minor Mineral Concession Rules, 1966 which was
amended through G.O.MS.No. 13, Industries and Commerce (Mines-Ill)
Department dated 14.03.2022 subsequently to direct the respondents 2 to 4
to grant the quarry lease to the petitioner in Survey No.125/part for an extent
of 3,790 hectors in V.No. 68- Bayyappagaripalli (V) B. Kothakota (M) in
Chittoor District based on the No-Objection certificate issued by the
Tahsilder, B.Kothakota Mandal, Chittoor District as on existing Rules by
setting aside the impugned order in Letter No.849/D13-2/2020 Dated 28-08-
2021.
lANO: 1 OF2022
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition7 the High Court may be
pleased to direct the respondents not to grant the quarry lease of the
Petitioner's Application in Survey No.125/part, an extent of 3.790 hectors at
V.No. 68-Bayyappagaripalli (V) B. Kothakota Mandal, Chittoor District to the
third parties by suspending the amended Rules-12 (5) (d) of the Andhra
Pradesh Minor Mineral Concession Rules, 1966 which was amended
through G.O.MS.No.13, Industries and Commerce (Mines-Ill) department,
dated 14.03.2022, pending disposal of the Writ Petition.
Counsel for the Petitioner: SRI KAMALAKARA RAO BATHINA
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
a ll
WRIT-PETITION NO: 18509 OF 2022_
Betwee n :
A.Nagaraju Gowda, S/o. A.Jaya Chandra, Aged about 45 years, Occ:
Business, R/o. D.No.1-145, Sathya Sai Street, Kadiri Village and
MandaI, Ananthapur District.
...Petitioner
AND
1. The State ofAndhra Pradesh, Rep. by its Principal Secretary, Mines
and Geology, Secretariat Building, Velagapudi, Amaravati, Guntur
District.
2. The Director of Mines and Geology, 5th Floor, Block-B, Sri Anjaneya
Towers, lbrahimpatnam, vijayawada, Krishna District.
3. The Assistant Director of Mines and Geology, Ananthapuramu,
Ananthapur District.
4. The Tahsildar, Mudigubba Mandai, Ananthapur District.
...Respondents
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, order or direction more particularly one in the
nature of Writ of Mandamus to set aside the amended Rules-12 (5) (d) of
the Andhra Pradesh minor Mineral Concession Rules, 1966 which was
amended through G.O.MS.No. 13, Industries and Commerce (Mines-Ill)
Department dated 14.03.2022 subsequently to direct 2.950 hectares in
Sy.No. 1929 of Dorigallu village, Mudigubba Mandal in my favour vide
Rc.No.79/2021 (B) dated 27-05-2019 as on existing Rules.
lANO: 1 OF2022
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 an extent
of 2.950 hectares in Sy.No.1929 of Dorigallu village, Mudigubba Mandal,
Chittoor District to the third parties by suspending the amended Rules-12 (5)
12 a
(d) of the Andhra Pradesh Minor Mineral Concession Rules,1966 which was
amended through G.O.MS.No.13, Industries and Commerce (Mines-Ill)
department, dated 14.03.2022, pending disposal of the Writ Petition.
Counsel for the Petitioner: SRI KAMALAKARA RAO BATHINA
Counsel for the Respondents|. LEARNED ADVOCATE GENERAL FOR
STATE GP FOR M[NES AND GEOLOGY
WRIT PETITION NO: 18526 OF 2022
Betwee n :
BJSsliveass ,shRa/no{arb. NS!:114P,' 1Rspja#:Fh , A3gdedCraobsOsTt N6eOaryeTa:i=phOocnc:
Exchange, Bhoopasandra, R.M.V.Extension, ll Stage, Bangalore
560094.
...Pet-ltioner
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines
and Geology, Secretariat Building, Velagapudi, Amaravati, Guntur
District.
2. The Director of Mines and Geology, 5th Floor, Block-B, Sri Anjaneya
Towers, Ibrahimpatnam, Vijayawada, Krishna District.
3. The Assistant Director of Mines and Geology, PGM Towers, Gaddur
Junction, Gudiyattam Road, Palamaner, Chittoor District.
4. The Tahsildar, B. Kothakota Mandal, Chittoor District.
...Respondents
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, order or direction more particularly one in the
nature of Writ of Mandamus to set aside the amended Rules-12 (5) (d) of
the Andhra Pradesh minor Mineral Concession Rules, 1966 which was
amended through G.O.MS.No. 13, Industries and Commerce (Mines-Ill)
Department dated 14.03.2022 subsequently to direct the respondents 2 to 4
to grant the quarry lease to the petitioner in Survey No.125/part for an extent
of 4.936 hectors in Bayyappagaripalli (V) B. Kothakota (M) in Chittoor
a 13
District based on the No-Objection certificate issued by the Tahsilder,
B.Kothakota Mandel, Chittoor District as on existing Rules by setting aside
the impugned order in Letter No.851/D13-212020 Dated 28-08-2021.
lANO: 1 OF2022
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 of the
Petitioner Application in Survey No.125/part, an extent of 4, 936 hectors at
Bayyappagaripalli (V) B. Kothakota Mandal, Chittoor District to the third
parties by suspending the amended Rules-12 (5) (d) of the Andhra Pradesh
Minor Mineral Concession Rules, 1966 which was amended through
G.O.MS.No.13, Industries and Commerce (Mines-Ill) department, dated
14.03.2022, pending disposal of the Writ Petition.
Counsel for the Petitioner: SRI KAMALAKARA RAO BATHINA
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 18535 OF 2022
Between:
S.K.Thammaiah, S/o. Late Dodda Krishnappa, Aged about 56 Years,
Occ- Business, R/o. D.No. 169, Sadahalli Post, Devanahalli Taluk,
Bangalore Rural, Karnataka State.
...Petitioner
AND
1. The State ofAndhra Pradesh, Rep. by its Principal Secretary, Mines
and Geology Department, Secretariat Building, Velagapudi, Amaravati,
Guntur District.
2. The Director of Mines and Geology, 5th Floor, Block-B, Sri Anjaneya
Towers, lbrahimpatnam, Vijayawada, Krishna District.
3. The Assistant Director of Mines and Geology, PGM Towers, Gaddur
Junction, Gudiyattam Road, Palamaner, Chittoor District.
4. The Tahsildar, B. Kothakota Mandal, Chittoor District.
...Respondents
14
O
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, order or direction more particularly one in the
nature of writ of Mandamus to set aside the amended Rules-12 (5) (d) of
the Andhra Pradesh minor Mineral Concession Rules, 1966 which was
amended through G.O.Ms.No.13, Industries and Commerce (Mines-Ill)
Department dated 14.03.2022 subsequently to direct the respondents 2 to 4
`to grant the quarry lease to the petitioner in Survey No. 125 (part)
Bayyappagaripalli (V) B. Kothakota (M) in Chittoor District in survey No.
125/part V.No. 68- Bayyappagaripalli (V) B. Kothakota (M) in Chittoor
District for an extent of 9.913 hectors based on the No-Objection certificate
issued by the Tahsilder, B.Kothakota Mandal, Chittoor District as on existing
Rules by setting aside the impugned order in Letter No.850/D13-2/2020
Dated 28-08-2021.
lANO: 1 OF2022
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 of the
Petitioner's Application in Survey No.125/part, an extent of 9.913 hectors at
Bayyappagaripalli (V) B. Kothakota MandaI, Chittoor District to the third
parties by suspending the amended Rules-12 (5) (d) of the Andhra Pradesh
Minor Mineral Concession Rules, 1966 which was amended through
G.O.MS.No.13, Industries and Commerce (Mines-lll) department, dated
14.03.2022, pending disposal of the Writ Petition.
Counsel for the Petitioner: SRI KAMALAKARA RAO BATHINA
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
a 15
WRIT PETITION NO: 18538 OF 2022
Betwee n =
S.A.Muniraju, S/o. Anjinappa, Aged about 59 Years, Occ: Business,
Devanahalli Taluk, Sadahalli Post, Bangalore Rural, Karnataka State-
562110.
...Petitioner
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines
and Geology Department, Secretariat Building, Velagapudi, Amaravati,
Guntur District.
2. The Director of Mines and Geology, 5th Floor, Block-B, Sri Anjaneya
Towers, lbrahimpatnam, Vijayawada, Krishna District.
3. The Assistant Director of Mines and Geology, PGM Towers, Gaddur
Junction, Gudiyattam Road, Palamaner, Chittoor District.
4. The Tahsildar, B. Kothakota Mandal, Chittoor District.
...Respondents
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, order or direction more particularly one in the
nature of Writ of Mandamus to set aside the amended Rules-12 (5) (d) of
the Andhra Pradesh minor Mineral Concession Rules, 1966 which was
amended through G.O.MS.No. 13, Industries and Commerce (Mines-Ill)
Department dated 14.03.2022 subsequently to direct the respondents 2 to 4
to grant the quarry lease to the petitioner in Survey No.125/part for an extent
of 4.831 hectors in V.No. 68- Bayyappagaripalli (V) B. Kothakota (M) in
Chittoor District based on the No-Objection certificate issued by the
Tahsilder, B.Kothakota MandaI, Chittoor District as on existing Rules by
setting aside the impugned order in Letter No.848/D13-2/2020 Dated 28-08-
2021.
16
O
lANO: 1 OF2022
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 of the
Petitioner]s Application in Survey No.125/part, an extent of 4.831 hectors at
V.No. 68-Bayyappagaripalli (V) B. Kothakota MandaI, Chittoor District to the
third parties by suspending the amended Rules-12 (5) (d) of the Andhra
Pradesh Minor Mineral Concession Rules, 1966 which was amended
through G.O.MS.No.13, Industries and Commerce (Mines-Ill) department,
dated 14.03.2022, pending disposal of the Writ Petition.
Counsel for the Petitioner: SRI KAMALAKARA RAO BATHINA
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 21359 OF 2022
Betwee n :
Kanchipati Gouriratnam, W/o. Eswar Rao, Age 45 Years, R/o Near ZP
High School, Ravikamatham Village and MandaI, Visakhapatnam
District, AP.
...Petitioner
AND
1. The State of Andhra Pradesh, Dept. of Industries and Commerce
(Mines) Secretariat Buildings, Velagapudi, Guntur District, Rep by its
Principal Secretary.
2. The Director of Mines and Geology, lbrahimpatnam, Krishna District.
...Respondents
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 of Mandamus declaring the Rule 12(2) and
12(5)(d) of the AP Minor Mineral concession Rules,1966 as amended vide
G.O.Ms No.13, dated 14.03.2022 declaring all pending applications, for
a 17
Quarry lease ineligible, made under APMMC Rules,1966 as ineligible as
manifestly arbitrary, irrational and contrary to section 15 of the MMDR
Act,1957 r/w Article 14 of the Constitution of India and consequently direct
the Respondents to forthwith process the application of the petitioner dated
ll-08-2010for mining/quarrying as per AP Minor Mineral concession
Rulesl1966-
IANO: 1 OF2022
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed jn support of the petition, the High Court may be
pleased to direct the Respondents not to conduct auction under the AP
Minor Mineral Auction Rules, 2022 wrt mining/quarry lease application the
petitioner dated, ll -08-2010pending disposal of WP.
Counsel for the Petitioner: SRI JETTI SANTHI KIRAN
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 21361 OF 2022
Between:
Chekuri Appala Raju, S/o Satyanarayana Raju, Age 50 Years, R/o Near
ZP High School, Ravikamatham Village and MandaI, Visakhapatnam
District, AP.
...Petitioner
AND
1. The State of Andhra Pradesh, Dept. of Industries and Commerce
(Mines) Secretariat Buildings, Velagapudi, Guntur District, Rep by its
Principal Secretary.
2. The Director of Mines and Geology, lbrahimpatnam, Krishna District.
...Respondents
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 of Mandamus declaring the Rule 12(2) and
18
®
12(5)(d) of the AP Minor Mineral concession Rules,1966 as amended vide
G.O.Ms No.13, dated 14.03.2022 declaring all pending applications, for
Quarry lease ineligible, made under APMMC Rules,1966 as ineligible as
manifestly arbitrary, irrational and contrary to section 15 of the MMDR
Act,1957 r/w Article 14 of the Constitution of India and consequently direct
the Respondents to forthwith process the application of the petitioner dated
ll-08-2010for mining/quarrying as per AP Minor Mineral concession
Rulesl1966.
lANO: 1 OF2022
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 conduct auction under the AP
Minor Mineral Auction Rules,2022 wrt mining/quarry lease application of the
petitioner dated,ll-08-201 Opending disposal of W.P.
Counsel for the Petitioner: SRI JETTI SANTHI KIRAN
Counsel for the Respondents= LEARNED ADVOCATE GENERAL FOR
STATE GP FOR IVllNES AND GEOLOGY
WRIT PETITION NO: 21362 OF 2022
Between:
M/s PMD Minerals, Rep. by its prop. Smt. Syed Beebi, W/o Masthan
Basha, Age. 54 Years, Rio Ekunampuram Village, Arivemula post, C S
Puram MandaI, Prakasam District, AP.
...Petitioner
AND
1. The State of Andhra Pradesh, Dept. of Industries and Commerce
(Mines) Secretariat Buildings, Velagapudi, Guntur District, Rep by its
Principal Secretary.
2. The Director of Mines and Geology, lbrahimpatnam, Krishna District.
...Respondents
a 19
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 of Mandamus declaring the Rule 12(2) and
12(5)(d) of the AP Minor Mineral concession Rules,1966 as amended vide
G.O.Ms No.13, dated 14.03.2022 declaring all pending applications, for
Quarry lease ineligible, made under APMMC Rules,1966 as ineligible as
manifestly arbitrary, irrational and contrary to section 15 of the MMDR
Act,1957 r,Jw Article 14 of the Constitution of India and consequently direct
the Respondents to forthwith process the applications of the petitioner dated
16-ll-2016 for mining/quarrying as per AP Minor Mineral concession
Rules)1966.
IANO: 1 OF2022
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 conduct auction under the AP
Minor Mineral Auction Rules, 2022 wrt mining/quarry lease application of the
petitioner dated,16-ll-2016 pending disposal of W.P.
Counse.I for the Petitioner: SRI JETTI SANTH] K[RAN
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 23304 OF 2022
Betwee n :
M/s. C.S.K.Export, Rep by its Managing Partner, C.Sathish Kumar,
s/o.c. chinnavelmani, Aged 56 years, Business, Office lst Floor,
K.K.Nagar, Madurai, Tamil Nadu.
...Petitioner
AND
1. The State ofAndhra Pradesh, Rep. by its Principal Secretary, Ministry
of Industries and Mines, Secretariat Buildings, Velagapudi, Amaravathi..
20
O
2. The Director of Mines and Geology, Government ofAndhra Pradesh,
lbrahimpatnam, Vijayawada, Krishna District.
...Respondents
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 of Mandamus declaring the Rule 12(2) and
12(5)(d) of the AP Minor Mineral concession Rules,1966 as amended vide
G.O.Ms No.13, dated 14.03.2022 declaring all pending applications, for
Quarry lease ineligible, made under APMMC Rules,1966 as ineligible as
manifestly arbitrary, irrational and contrary to section 15 of the MMDR
Act,1957 r/w Article 14 of the Constitution of India and consequently direct
the Respondents to forthwith process the applications of the petitioner dated
20-10-2008 for mining/quarrying as per AP Minor Mineral concession
Rules)1966.
lANO: 1 OF2022
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 conduct auction under the AP
Minor Mineral Auction Rules,2022 wrt mining/quarry lease application of the
petitioner dated, 20-10-2008 pending disposal of WP.
Counsel for the Petitioner: SRI MEDAPATI SANTOSH REDDY
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 24520 OF 2022
Betwee n :
M/s. Srinivasa Stone Crusher, Rep. by its Mg. Partner N. Srinivasa Rao,
S/o Satyanarayana, Age-60 Years, occ- Business Rio PIot No. 59, 2nd
Road, RTC Colony. Near Marry Stella College, VIjayawada, Krishna
District, AP.
...Petitioner
a 21
AND
1. The State of Andhra Pradesh, Dept. of Industries and Commerce
(Mines) Secretariat Buildings, Velagapudi, Guntur District, Rep. by its
Principal Secretary.
2. The Director of Mines and Geology, lbrahimpatnam, NTR District.
3. The Dy. DilreCtOr Of Mines and Geology, Vijayawada, NTR District.
...Respondents
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 of Mandamus declaring the Rule 12(2) and
12(5)(d) of the AP Minor Mineral concession Rules,1966 as amended vide
G.O.Ms NO.13, dated 14.03.2022 declaring all pending applications, for
Quarry lease ineligible, made under APMMC Rules,1966 as ineligible and
action of the 2nd Respondent in proceeding to put the Petitioner's applied
area to c-auction on ll-08-2022 pursuant to Notification No.1/NAND/2022,
dated.21-07-2022 as manifestly arbitrary, irrational, ultra vires of Powers,
contrary to guidelines/circulars issued by Govt. of India as well as
Re`spondents herein and also section 15 of the MMDR Act,1957 r/w Article
14 of the Constitution of India and consequently direct the Respondents to
forthwith process the application of the petitioner dated 09-12-2017 for
mining/quarrying as per AP Minor Mineral concession Rules,1966.
lANO: 1 OF2022
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 conduct e-auction pursuant
Notification issued by 2nd Respondent No.1/NAND/2022, dated.21-07-2022
under AP Minor Mineral Auction Rules, 2022 when mining/quarry lease
application of the petitioner dated, 09-12-2017 is pending disposal of W.P.
Counsel for the Petitioner: SRI JETTI SANTHI KIRAN
22
U
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FO'R
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 31569 OF 2O22
Betwee n :
M/s Simhadri Enterprises, Rep. by its prop. Pavuluri Malyadri, S/o
Narasaiah, Aged 49 Years, R/o D. No.10-63, ZPH School Road, Gudur
Town and Mandal, SPSR Nellore District.
...Petitioner
AND
1. The State ofAndhra Pradesh, Dept. of Industries and Commerce
(Mines) Secretariat Buildings, Velagapudi, Guntur District, Rep by its
Principal Secretary.
2. The Director of Mines and Geology, lbrahimpatnam. Krishna District.
...Respondents
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 of MANDAMUS declaring the Rule 12(2) and
12(5)(d) of the AP Minor Mineral concession Rules.1966 as amended vide
G.O.Ms No.13. dated 14.03.2022 declaring all pending applications, lbr
Quarry lease ineligible, made under APMMC Rules.1966 as ineligible as
manifestly arbitrary, irrational and contrary to section 15 of the MMDR
Act.1957 r/w Article 14 of the Constitution of India and consequently direct
the Respondents to forthwith process the applications of the petitioner dated
22-12-2018 for mining/quarrying as per AP Minor Mineral concession
Rules.1966.
lANO: 1 OF2022
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 Stay all further proceedings pursuant to impugned orders of 2nd
Respondent in Procds.No.4296/D8/2019, dated, 17-06-2022 including
a 23
putting' the mining/quarry lease application of the petitioner dated. 22-12-
2018 to e-auction as per New rules pending disposal of W.P.
Counsel for the Petitioner: SRI JETTI SANTHI KIRAN
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 37577 OF 2022
Between :
Ch. Venkateswarlu, S/o Subbaiah, Aged about 44 Years, R/o D. No.5-9,
Peda Alavalapadu Village, P C Palli Mandal, Prakasam District.
...Petitioner
AND
1. The State of Andhra Pradesh, Dept. of Industries and Commerce
(Mines) Secretariat Buildings, Velagapudi, Guntur District, Rep. by its
Principal Secretary.
2. The Director of Mines and Geology, lbrahimpatnam, NTR District.
...Respondents
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 of MANDAMUS declaring the Rule 12(2) and
12(5)(d) of the AP Minor Mineral concession Rules,1966 as amended vide
G.O.Ms No.13, dated 14.012022 declaring all pending applications, for
Quarry lease ineligible, made under APMMC Rules,1966 as ineligible as
manifestly arbitrary, irrational and contrary to section 15 of the MMDR
Act,1957 r/w Article 14 of the Constitution of India and consequently direct
the Respondents to forthwith process the applications of the petitioner dated
21-09-2019 for mining/quarrying as per AP Minor Mineral concession
Rules)1966-
24
O
lANO: 1 OF2022
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 Stay all further proceedings pursuant to impugned orders of 2nd
Respondent in Procds.No.12390/D8/2021, dated, 17-06-2022 including
putting the mining,/quarry lease application of the petitioner dated, 21-09-
2019 to e-auction as per New rules pending disposal of W.P.
Counsel for the Petitioner: SRI JETTI SANTHI K[RAN
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 38643 OF 2022
Betwee n :
P Guna Shekar Naidu, S/o Rama Naidu, Aged about 50 years,
Pilligundalapalle Village, Mangunta Post, S.R. Puram MandaI, Chittoor
District, Andhra Pradesh
...Petitioner
AND
1. State ofAndhra Pradesh, Represented by its Principal Secretary,
Industries and Commerce (Mines-lll) Department, Secretariat,
Velagapudi, Amaravathi
2. The Director of Mines and Geology, Anjaneya Towers, Door No.7-104
5th -6th Floor, B-Block, lbrahimpatnam, Krishna District, Andhra
Pradesh -521456.
3. The Assistant Director of Mines and Geology, Chittoor, A.P.
...Respondents
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, order or direction more particularly one in the
nature of the writ of Mandamus
a 25
a) Declaring the amendment to Rule 12(5)(d) of the Andhra Pradesh
Minor Mineral Concession Rules, 1966 vide G.O.Ms.13 dated
14.03.2022 to the extent of retrospective application of the same to
applications already submitted and not processed as illegal, arbitrary,
besides being unconstitutiona!, violative of Article 14 and 19(1) (g) of
Constitution of India
b) Declaring the levy of Premium Amount as illegal, void and ultra vires
Section 15 of the Mines and Minerals Development Regulation Act
c) Direct the 2nd Respondent to grant lease by processing the
Petitioner's application dated 25.10.2012 for quarry lease of black and
colour graniteover an extent of 1.000 hectare in Sy No. 247, V.No.48,
Katikapalli(V), S.R.Puram(M), Chittoor District.
lANO: 1 OF2022
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 suspend the declaring the amendment to Rule 12(5)(d) of the
Andhra Pradesh Minor Mineral Concession Rules, 1966 vide G.O.Ms.13
dated 14.03.2022 and to direct the 2nd Respondent to grant lease by
Processing the Petitioner's application dated 03.06.2017 for quarry lease
application date.d 25.10.2012 for quarry lease of black and colour granite
over an extent of 1.000 hectare in Sy No. 247, V.No.48, Katikapalli(V),
S.R.Puram(M), Chittoor District.
Counsel for the Petitioner: SRI JYOTHI RATNA ANUMOLU
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 38659 OF 2022
Between:
G Ravi, S/o G Subramanyam Naidu, Aged About 40 years, 874A,
Tirupathi Road, Puttur (M), Chittoor, District -517 583
...Petitioner
AND
26
O
1. State of Andhra Pradesh, Represented by its Principal Secretary,
Industries and Commerce (Mines-Ill) Department, Secretariat,
Velagapudi, Amaravathi
2. The Director of Mines and Geology, Anjaneya Towers, Door No.7-104
5th & 6th Floor, B_BIock, lbrahimpatnam, Krishna District, Andhra
Pradesh -521456.
3. The Assistant Director of Mines and Geology, Chittoor, A.P.
...Respondents
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, order or direction more particularly one in the
nature of the writ of Mandamus
a) Declaring the amendment to Rule 12(5)(d) of the Andhra Pradesh
Minor Mineral Concession Rules, 1966 vide G.O.Ms.13 dated
14.03.2022 to the extent of retrospective application of the same to
applications already submitted and not processed as illegal, arbitrary,
besides being unconstitutional, violative of Article 14 and 19(1) (g) of
Constitution of India
b) Declaring the levy of Premium Amount as illegal, void and ultra vires
Section 15 of the Mines and Minerals Development Regulation Act
c) Direct the 2nd Respondent to grant lease by processing the
Petitl'oner's application dated 30.10.2015 for quarry lease of black and
colour granite over an extent of 4.500 hectare in Sy No. 6 (New Sy
No. 383/2), Eswarapuram(V), Puttur(M), Chittoor District.
IANO: 1 OF2022
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 suspend the declaring the amendment to Rule 12(5)(d) of the
Andhra Pradesh Minor Mineral Concession Rules, 1966 vide G.O.Ms.13
dated 14.03.2022 and to direct the 2nd Respondent to grant lease by
Processing the Petitioner's application dated 03.06.2017 for quarry lease
a 27
application dated 30.10.2015 for quarry lease of black and colour granite
over an extent of 4.500 hectare in Sy No. 6 (New Sy No. 383/2),
Eswarapuram(V), Puttur(M), Chitoor District.
Counsel for the Petitioner: SRI JYOTHI RATNA ANUMOLU
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 17328 OF 2022
Between :
M/s Global Mines & Minerals, represented by its Managing Partner P.
Mahadeva Reddy, S/o Papi Reddy, Aged about 48 years, Rio
D.No.7/68, S.No. C-26, Prudhvi Aditya Dwaraka Villas, Kalyanadurgam
Road, Near Pilligudla Colony, Anantapuram -515 004, Anantapuram
District
...Petitioner
AND
1. The State of Andhra Pradesh, represented by its Principal Secretary,
Industries and Commerce Department, Secretariat Buildings,
Velagapudi, Guntur District.
2. Director of Mines and Geology, Andhra Pradesh, lbrahimpatnam,
Krishna District.
...Respondents
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, Order or Direction, more particularly one in the
nature of Writ of Mandamus declaring G.O.Ms.No.13, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 in so far as it relates to
amending Rule 7-A, Rule 9, Rule 12 of A.P. Minor Mineral Concession
Rules,1966 to issue quarry lease only through A.P. Minor Mineral Auction
Rules, 2022 and treating ail the mineral concession applications filed for
minor minerals prior to the date of commencement of A.P. Minor Mineral
Auction Rules, 2022 as ineligible and G.O.Ms.No.14, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 framing A.P. Minor
28
O
Mineral Auction Rules, 2022 is wholly illegal, arbitrary and violative of
Articles 14,19 and 21 of the Constitution of India and consequently declare
that the petitioner is entitled for considering their quarry lease application
dated 14-8-2019 for grant of Quartz mineral over an extent 2.91.5 hectares
i.e. Ac.7.19 cents in Sy.No.744-1 Sy.No.744-2, Sy.No.757 (part) Sy.No.745-
1, Sy.No.745-2 and Sy.No.745-3 (part) situated at Gopanapalli Village,
Galiveedu Mandal, YSR Kadapa District as per the Rules existing as on the
date of filing of quarry lease application.
lANO: 1 OF2022
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 suspend G.O.Ms.No.13, Industries and Commerce (Mines-Ill)
Department, dated 14-3-2022 in so far as it relates to amending Rule 7-A,
Rule 9, Rule 12 of A.P. Minor Mineral Concession Rules,1966 and A.P.
Minor Mineral Auction Rules, 2022 issued in G.O.Ms.No.14, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022.
Counsel for the Petitioner: M/s KIRTHI TEJA KONDAVEETI
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 17347 OF 2022
Between:
M/s. Global Mines & Minerals, represented by its Managing Partner P.
Mahadeva Reddy, S/o Papi Reddy, Aged about 48 years, R/o
D.No.7/68, S.No.C-26, Prudhvi Aditya Dwaraka Villas, Kalyanadurgam
Road, Near Pilligudla Colony, Anantapuram 515 004, Anantapuram
District
...Petitioner
AND
a 29
1. T'he State of Andhra Pradesh, represented by its Principal Secretary,
Industries and Commerce Department, Secretariat Buildings,
Velagapudi, Guntur District.
2. Director of Mines and Geology, Andhra Pradesh, lbrahimpatnam,
Krishna District.
...Respondents
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, Order or Direction, more particularly one in the
nature of Writ of Mandamus declaring G.O.Ms.No.13, Industries and
Commerce (Mines-IIl) Department, dated 14-3-2022 in so far as it relates to
amending Rule 7-A, Rule 9, Rule 12 of A.P. Minor Mineral Concession
Rules,1966 to issue quarry lease only through A.P. Minor Mineral Auction
Rules, 2022 and treating all the mineral concession applications filed for
minor minerals prior to the date of commencement of A.P. Minor Mineral
Auction Rules, 2022 as ineligible and G.O.Ms.No.14, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 framing A.P. Minor
Mineral Auction Rules, 2022 and also the Proceedings No.4088/D10/2019,
dated ll-5-2022 issued by the Director of Mines and Geology, Andhra
Pradesh are wholly illegal, arbitrary and violative of Articles 14,19 and 21 of
the Constitution of India and consequently declare that the petitioner is
entitled for considering his quarry lease application dated 17-04-2019 for
grant of quarry lease for Silica Sand and Quartzite mineral over an extent of
22 hectares in Sy.No.384 (part) situated at Bannur Village, Midthur Mandal,
Kurnool District as per the Rules existing as on the date of filing of quarry
lease application.
lANO: 1 OF2022
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 suspend G.O.Ms.No.13, Industries and Commerce (Mines-lll)
30
O
Department, dated 14-3-2022 in so far as it relates to amending Rule 7-A,
Rule 9, Rule 12 of A.P. Minor Mineral Concession Rules, 1966 and A.P.
Minor Mineral Auction Rules, 2022 issued in G.O.Ms.No.14, Industries and
Commerce- (Mines-Ill) Department, dated 14-3-2022 and also the
Proceedings No.4088/D10/2019, dated ll-5-2022 issued by the Director of
Mines and Geology, Andhra Pradesh.
lANO: 2OF2022
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 permit the Petitioner to incorporate the following in the main
prayer of the W.P. after the words "Director of Mines & Geology, Andhra
Pradesh" and before the words are wholly illegal, arbitrary and violative of
Articles 14,19 and 21 of the Constitution of India" and also E-Tender
Notification No.2/KNL/2022, dated 16.5.2022 in so far as it pertains to grant
of quarry lease for Silica Sand and Quartzite mineral over an extent of 22
hectares in Sy.No.384 (part) situated at Bannur Village, Midthur Mandal,
Kurnool District".
lANO:3OF2022
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 suspend the E-Tender Notification No.2/KNL/2022, dated 16-5-
2022 in so far as it pertains to grant of quarry lease for silica sand and
Quartzite mineral over an extent of 22 hectares in Sy.No.384 (part) situated
at Bannur Village, Midthur Mandal, Kurnool District, pending disposal of the
VV-P-
Counsel for the Petitioner: SRI KIRTHI TEJA KONDAVEETI
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
a 31
WRIT PETITION NO: 17358 OF 2022
Between:
M/s. Global M-lnes & Minerals, Represented by its Managing Partner P.
Mahadeva Reddy, S/o Papi Reddy, Aged about 48 years, R/o.
D.No.7/68, S.No.C-26, Prudhvi Aditya Dwaraka Villas, Kalyanadurgam
Road, Near Pilligudla Colony, Anantapuram -515 004, Anantapuram
District.
...Petitioner
AND
1. State of Andhra Pradesh, Represented by its Principal Secretary,
Industries and Commerce Department, Secretariat Buildings,
Velagapudi, Guntur District.
2. Director of Mines and Geology, Andhra Pradesh, lbrahimpatnam,
Krishna District.
...Respondents
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, Order or Direction, more particularly one in the
nature of Writ of Mandamus declaring G.O.Ms.No.13, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 in so far as it relates to
amending Rule 7-A, Rule 9, Rule 12 of A.P. Minor Mineral Concession
Rules,1966 to issue quarry lease only through A.P. Minor Mineral Auction
Rules, 2022 and treating all the mineral concession applications filed for
minor minerals prior to the date of commencement of A.P. Minor Mineral
Auction Rules, 2022 as ineligible and G.O.Ms.No.14, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 framing A.P. Minor
Mineral Auction Rules, 2022 and also the Proceedings No.7942/D12-
1/2019, dated 09-5-2022 issued by the Director of Mines and Geology,
Andhra Pradesh are wholly illegal, arbitrary and violative of Articles 14,19
and 21 of the Constitution of India and consequently declare that the
petitioner is entitled for considering his quarry lease application dated 13-
08-2019 for grant of quarry lease for Quartz mineral over an extent of 3.700
32
O
hectares in Sy.No.2860 (part) situated at Noolivedu Village, Galiveedu
Mandal, YSR Kadapa District and 3.300 hectares in Sy.No.2860 (part)
situated at Pandikunta Village, Galiveedu Mandal, YSR Kadapa District
(total extent 7 hectares)as per the Rules existing as on the date of filing of
quarry lease application.
lANO: 1 OF2022
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 suspend G.O.Ms.No.13, Industries & Commerce (Mines-Ill)
Department, dated 14-3-2022 in so far as it relates to amending Rule 7-A,
Rule 9, Rule 12 of A.P. Minor Mineral Concession Rules, 1966 and A.P.
Minor Mineral Auction Rules, 2022 issued in G.O.Ms.No.14, Industries &
Commerce (Mines-Ill) Department, dated 14-3-2022 and also the also the
Proceedings No.7942/D12-1/2019, dated 09-5-2022 issued by the Director
of Mines & Geology, Andhra Pradesh.
Counsel for the Petitioner: SRI KIRTHI TEJA KONDAVEETI
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 17520 OF 2022
Betwee n :
M/s. Global Mines & Minerals, represented by its Managing Partner P.
Mahadeva Reddy, S/o Papi Reddy, Aged about 48 years, R/o
D.No.7/68, S.No.C-26, Prudhvi Aditya Dwaraka Villas, Kalyanadurgam
Road, Near Pilligudla Colony, Anantapuram -515 004, Anantapuram
District
...Petitioner
AND
1. The State of Andhra Pradesh, represented by its principal secretary,
Industries and Commerce Department, Secretariat Buildings,
Velagapudi, Guntur District.
a 33
2. Director of Mines and Geology, Andhra Pradesh, lbrahimpatnam,
Krishna District.
...Respondents
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, Order or Direction, particularly one in the nature
of Writ of Mandamus declaring G.O.Ms.No.13, Industries and Commerce
(Mines-lil) Department, dated 14-3-2022 in so far as it relates to amending
Rule 7-A Rule 9, Rule 12 of A.P. Minor Mineral Concession Rules,1966 to
issue quarry lease only through A.P. Minor Mineral Auction Rules, 2022 and
treating all the mineral concession applications filed for minor minerals prior
to the date of commencement of A.P. Minor Mineral Auction Rules, 2022 as
ineligible and G.O.Ms.No.l4, Industries and Commerce (Mines-Ill)
Department, dated 14-3-2022 framing A.P. Minor Mineral Auction Rules,
2022 as wholly illegal, arbitrary and violative of Articles 14,19 and 21 of the
Constitution of India and consequently declare that the petitioner is entitled
for considering his quarry lease application dated 14-08-2019 for grant of
quarry lease for Quartz mineral over an extent of 3.640 hectares i.e., for an
extent of 2.480 hectares in Sy.No.2862 (part), for an extent of 0.600
hectares in Sy.No.3123-2 (part) and for an extent of 0.560 hectares in
Sy.No.3072-2 (part) situated at Nooliveedu Village, Galiveedu MandaI, YSR
Kadapa District as per the Rules existing as on the date of filing of quarry
lease application.
lANO: 1 OF2022
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 suspend G.O.Ms.No.13, Industries and Commerce (Mines-Ill)
Department, dated 14-3-2022 in so far as it relates to amending Rule 7-A,
Rule 9, Rule 12 of A.P. Minor Mineral Concession Rules,1966 and A.P.
34
®
Minor Mineral Auction Rules, 2022 issued in G.O.Ms.No.14, Industries' and
Commerce (Mines-lll) Department, dated 14-3-2022.
Counsel for the Petitioner: SRI KIRTHI TEJA KONDAVEETI
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 18036 OF 2022
Betwee n :
M/s. S,S. Crusher, represented by its Managing Partner P. Sudheer
Kumar, S/o Murali, Aged about 39years, R/o D.No.99, Sir M.V.Nagar,
5th Cross Left, KappagaI Road, BeIIary, Karnataka.
...petitioner
AND
1. The State of Andhra Pradesh, represented by its Principal Secretary,
Industries and Commerce Department, Secretariat Buildings,
Velagapudi, Guntur District.
2. Director of Mines and Geology, Andhra Pradesh, lbrahimpatnam,
Krjshna District.
.HRespondents
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, Order or Direction, more particularly one in the
nature of Writ o-f Mandamus declaring G.O.Ms.No.13, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 in so far as it relates to
amending Rule 7-A, Rule 9, Rule 12 of A.P. Minor Mineral Concession
Rules,1966 to issue quarry lease only through A.P. Minor Mineral Auction
Rules, 2022 and treating all the mineral concession applications filed for
minor minerals prior to the date of commencement of A.P. Minor Mineral
Auction Rules, 2022 as ineligible and G.O.Ms,No.14, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 framing A.P. Minor
Mineral Auction Rules, 2022 is wholly illegal, arbitrary and violative of
Articles 14,19 and 21 of the Constitution of India and consequently declare
a 35
that the' petitioner is entitled for considering their quarry lease application
dated 20-09-2021 for grant of Building Stone mineral over an 1.86 hectares
in Sy.No. 6 situated at EIanji Village, Bommanahal Mandal, Ananthapur
District as per the Rules existing as on the date of filing of quarry lease
application.
lANO: 1 OF2022
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 suspend G.O.Ms.No.13, Industries & Commerce (Mines-Ill)
Department, dated 14-3-2022 in so far as it relates to amending Rule 7-A,
Rule 9, Rule 12 of A.P. Minor Mineral Concession Rules, 1966 and A.P.
Minor Mineral Auction Rules, 2022 issued in G.O.Ms.No.14, Industries &
Commerce (Mines-Ill) Department, dated 14-3-2022.
Counsel for the Petitioner: SRI KIRTHI TEJA KONDAVEETI
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 18406 OF 2022
Betwee n :
M/s.Varasiddi Vinayaka Minerals, represented by its Managing Partner
P. Mahadeva Reddy, S/o Papi Reddy, Aged about 48 years, R/o 6-3-
197 Comfort Opel Apartments, FIat No.203, Ramnagar, Anantapuram,
Anantapura.m District -515 001
...Petitioner
AND
1. State of Andhra Pradesh, represented by its Principal Secretary,
Industries and Commerce Department, Secretariat Buildings,
Velagapudi Guntur District.
2. Director of Mines and Geology, Andhra Pradesh, lbrahimpatnam,
Krishna District.
...Respondents
36
a
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, Order or Direction, more particularly one in the
nature of Writ of Mandamus declaring G.O.Ms.No.13, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 in so far as it relates to
amending Rule 7-A, Rule 9, Rule 12 of A.P. Minor Mineral Concession
Rules,1966 to issue quarry lease only through A.P. Minor Mineral Auction
Rules, 2022 and treating all the mineral concession applications filed for
minor minerals prior to the date of commencement of A.P. Minor Mineral
Auction Rules, 2022 as ineligible and G.O.Ms.No.14, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 framing A.P. Minor
Mineral Auction Rules, 2022 and also Proceedings in D.Dis.No.8138/Dll-
ATP/2019, dated 09-5-2022 issued by the Director of Mines and Geology,
Andhra Pradesh as wholly illegal, arbitrary and violative of Articles 14,19
and 21 of the Constitution of India and consequently declare that the
petitioner is entitled for considering their quarry lease application dated
17.09.2019 for grant of Phrophylitemineral over an extent of 7.32 hectares in
Sy.Nos.179 part situated at Marrikommadinne Village, N.P KuntaMandal,
Anantapuram District and 4.68 hectares in Sy.No.179 part situated at
Vankamaddi Village, N.P Kunta Mandal, Anantapuram District (total extent
12 hectares) as per the Rules existing as on the date of filing of quarry lease
application.
lANO: 1 OF2022
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 suspend G.O.Ms.No.13, Industries and Commerce (Mines-Ill)
Department, dated 14-3-2022 in so far as it relates to amending Rule 7-A,
Rule 9, Rule 12 of A.P. Minor Mineral Concession Rules,1966 and A.P.
Minor Mineral Auction Rules, 2022 issued in G.O.Ms.No.14, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 and also Proceedings
a 37
in D.Dis.No.8138/Dl I-ATP/2019, dated 09-5-2022 issued by the Director of
Mines and*Geology, Andhra Pradesh.
Counsel for the Petitioner: SRI KIRTHI TEJA KONDAVEETI
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 18595 OF 2022
Betwee n :
M/s. VarasiddiVinayaka Minerals, represented by its Managing Partner
P. Mahadeva Reddy, Sio Papi Reddy, Aged about 483/ears, R/o.6-3-
197 Comfort Opel Apartments, Flat No.203, Ramnagar, Anantapuram,
Anantapuram District 515 001.
...Petitioner
AND
1. The State of Andhra Pradesh, represented by its Principal Secretary,
Industries and Commerce Department, Secretariat Buildings,
Velagapudi, Guntur District.
2. Director of Mines and Geology, Government ofAndhra Pradesh,
lbrahimpatnam, Vijayawada, Krishna District.
...Respondents
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, Order or Direction, more particularly one in the
nature of Writ of Mandamus declaring G.O,Ms.No.13, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 in so far as it relates to
amending Rule 7-A, Rule 9, Rule 12 of A.P. Minor Mineral Concession
Rules,1966 to issue quarry lease only through A.P. Minor Mineral Auction
Rules, 2022 and treating all the mineral concession applications filed for
minor minerals prior to the date of commencement of A.P. Minor Mineral
Auction Rules, 2022 as in eligible and G.O.Ms.No.14, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 framing A.P. Minor
Mineral Auction Rules, 2022 is wholly illegal, arbitrary and violative of
38
a
Articles 14,19 and 21 of the Constitution 'of India and consequently declare
that the petitioner is entitled for considering their quarry lease application
dated 25.08.2019 for grant of Quartz mineral over an extent of 7.717
hectares in Sy.Nos.1448 part situated at Peddannavaripalli Village, Talupula
MandaI, Anantapuram District as per the Rules existing as on the date of
filing of quarry lease application.
lANO: 1 OF2022
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 suspend G.O.Ms.No.13, Industries and Commerce (Mines-Ill)
Department, dated 14-3-2022 in so far as it relates to amending Rule 7-A,
Rule 9, Rule 12 of A.P.Minor Mineral Concession Rules, 1966 and A.P.
Minor Mineral Auction Rules, 2022 issued in G.O.Ms.No.14, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022.
Counsel for the Petitioner: SRI KIRTHI TEJA KONDAVEETI
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 18612 OF 2022
Betwee n :
Smt C.Jayanthi, W/o. Sri C.Reddy Bhaskar, Aged about 49 years,
D.No.39/654-1-1, Old bypass Road, Beside Keshava Reddy School,
Chinnachowk, Kadapa.
...Petitioner
AND
1. The State of Andhra Pradesh, represented by its Principal Secretary,
Industries and Commerce Department, Secretariat Buildings,
Velagapudi, Guntur District.
2. Director of Mines and Geology, Andhra Pradesh, lbrahimpatnam,
Krishna District.
...Respondents
39
O
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, Order or Direction, more particularly one in the
nature of Writ of Mandamus declaring G.O.Ms,No.13,Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 in so far as it relates to
amending Rule 7-A, Rule 9, Rule 12 of A.P. Minor Mineral Concession
Rules,1966 to issue quarry lease only through A.P. Minor Mineral Auction
Rules, 2022 and treating all the mineral concession applications filed for
minor minerals prior to the date of commencement of A.P. Minor Mineral
Auction -Rules, 2022 as ineligible and G.O.Ms.No.14, Industries and
Commerce (Mines-Hl) Department, dated 14-3-2022 framing A.P. Minor
Mineral Auction Rules, 2022 and the Proceedings No.1512/Dll-ATP/2022,
dated 09-05-2022issued by the Director of Mines and Geology, Andhra
Pradesh is wholly illegal, arbitrary and violative of Articles 14,19 and 21 of
the Constitution of India and consequently declare that the petitioner is
entI-fled for considering his quarry lease application dated 30.07.2021 for
grant of Pyrophilite mineral over an extent of 17 hectares in Sy.No.179
situated at Gowkanapalle Village, N.P.Kunta MandaI, Ananthapuram District
as per the Rules existing as on the date of filing of quarry lease application.
IANO: 1 OF2022
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 suspend G.O.Ms.No.13, Industries and Commerce (Mines-Ill)
Department, dated 14-3-2022 in so far as it relates to amending Rule 7-A,
Rule 9, Rule 12 of A.P. Minor Mineral Concession Rules,1966 and A.P.
Minor Mineral Auction Rules, 2022 issued in G.O.Ms.No.14, Industries and
Commerce (Mines-lll) Department, dated 14-3-2022 and the Proceedings
No.1512/Dll-ATP/2022, dated 09-05-2022issued by the Director of Mines
and Geology, Andhra Pradesh.
40
a
Counsel for the Petitioner: SRI KIRTHI TEJA KONDAVEETI
counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 18647 OF 2022
Between:
Smt.C.Jayanthi, W/o. Sri C.Reddy Bhaskar, Aged about 49 years,
D.No.39/654-1-1, Old bypass Road, Beside Keshava Reddy School,
Chinnachowk, Kadapa.
...Petitioner
AND
1. State of Andhra Pradesh, Represented by its Principal Secretary,
Industries and Commerce Department, Secretariat Buildings,
Velagapudi, Guntur District.
2. Director of Mines and Geology, Andhra-Pradesh, lbrahimpatnam,
Krishna District.
...Respondents
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, Order or Direction, more particularly one in the
nature of Writ of Mandamus declaring, G.O.Ms.No.13, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 in so far as it relates to
amending Rule 7-A, Rule 9, Rule 12 of A.P. Minor Mineral Concession
Rules,1966 to issue quarry lease only through A.P. Minor Mineral Auction
Rules, 2022 and treating all the mineral concession applications filed for
minor minerals prior to the date of commencement of A.P. Minor Mineral
Auction Rules, 2022 as ineligible and G.O.Ms.No.14, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 framing A.P. Minor
Mineral Auction Rules, 2022 is wholly illegal, arbitrary and violative of
Articles 14,19 and 21 of the Constitution of India and consequently declare
that the petitioner is entitled for considering their quarry lease application
dated 31.07.2021 for grant of Pyrophilite mineral over an extent of 24
hectares in Sy.No.974 situated at Gowkanapalle Village, N.P.Kunta Mandal,
41
O
Ananthapuram District as per the Rules existing as on the date of filing of
quarry lease application.
lANO: 1 OF2022
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 suspend G.O.Ms.No.13, Industries & Commerce (Mines-Ill)
Department, dated 14-3-2022 in so far as it relates to amending Rule 7-A,
Rule 9, Rule 12 of A.P. Minor Mineral Concession Rules, 1966 and A.P.
Minor Mineral Auction Rules, 2022 issued in G.O.Ms.No.14, Industries &
Commerce (Mines-Ill) Department, dated 14-3-2022.
Counsel for the Petitioner: SRI KIRTHI TEJA KONDAVEE"
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 18824 OF 2022
Betwee n :
C.Reddy Bhaskar, S/o. C. Rama Chandra Reddy Aged about 55 years,
D.No.39/654-1-1, old bypass Road, Beside Keshavareddy School,
Chinnachowk, Kadapa.
...Petitioner
AND
1. The State of Andhra Pradesh, represented by its Principal Secretary,
Industries and Commerce Department, Secretariat Buildings,
Velagapudi, Guntur District.
2. Director of Mines and Geology, Andhra Pradesh, lbrahimpatnam,
Krishna District.
...Respondents
Petition under Article 226 of the ConstitutioII Of India Praying that in
the circumstances stated in the affidavit filed therewith, the High Court may
be pleased to issue a Writ, Order or Direction, more particularly one in the
nature of Writ of Mandamus declaring G.O.Ms.No.13, Industries and
42
a
Commerce (Mines-Ill) Department, dated 14-3-2022 in so far as it relates to
amending Rule 7-A, Rule 9, Rule 12 of A.P. Minor Mineral Concession
Rules,1966 to issue quarry lease only through A.P. Minor Mineral Auction
Rules, 2022 and treating all the mineral concession applications filed for
minor minerals prior to the date of commencement of A.P. Minor Mineral
Auction Rules, 2022 as ineligible and G.O.Ms.No.14, Industries and
Commerce (Mines-IIl) Department, dated 14-3-2O22 framing A.P. Minor
Mineral Auction Rules, 2022 is wholly illegal, arbitrary and violative of
Articles 14,19 and 21 of the Constitution of India and consequently declare
that the petitioner is entitled for considering the quarry lease application
dated 30.07.2021 for grant of Pyrophilite mineral over an extent of 14.21
hectares in Sy.No.122/1 situated at Gowkanapalle Village, N.P.Kunta
MandaI, Ananthapuram District as per the Rules existing as on the date of
filing of quarry lease application.
IANO: 1 OF2022
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 suspend G.O.Ms.No.13, Industries and Commerce (Mines-Ill)
Department, dated 14-3-2022 in so far as it relates to amending Rule 7-A,
Rule 9, Rule 12 of A.P. Minor Mineral Concession Rules, 1966 and A.P.
Minor Mineral Auction Rules, 2022 issued in G.O.Ms.No.14, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022.
Counsel for the Petitioner: SRI KIRTHI TEJA KONDAVEETI
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 18831 OF 2022
Betwee n :
M/s. Vaaraahi Minerals, represented by its Managing Partner C.
Harshita Reddy, D/o Reddi Bhaskar, Aged about 26 years,
a 43
R/o39/654/1-1, Old Bypass Road, Beside Kesava Reddy School,
Chinna Chowk, Kadapa, YSR Kadapa District.
...Petitioner
AND
1. State of Andhra Pradesh, represented by its Principal Secretary,
Industries and Commerce Department, Secretariat Buildings,
Velagapudi, Guntur District.
2. D-irector of Mines and Geology, Government ofAndhra Pradesh.
lbrahimpatnam, Vijayawada, Krishna District.
...Respondents
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, Order or Direction, more particularly one in the
nature of Writ of Mandamus declaring G.O.Ms.No.13, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 in so far as it relates to
amending Rule 7-A, Rule 9, Rule 12 of A.P. Minor Mineral Concession
Rules,1966 to issue quarry lease only through A.P. Minor Mineral Auction
Rules, 2022 and treating all the mineral concession applications filed for
minor Minerals prior to the date of commencement of A.P. Minor Mineral
Auction Rules, 2022 as ineligible and G.O.Ms.No.14, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 framing A.P. Minor
Mineral Auction Rules, 2022 is wholly illegal, arbitrary and violative of
Articles 14,19 and 21 of the Constitution of India and consequently declare
that the petitioner is entitled for considering their quarry lease application
dated 07.01.2020 for Quartz mineral over an extent of 17.000 hectares i.e.,
5.27 hectares in Sy.No.1071 part, 5.97 hectares in Sy.No.1084 (part)
situated at Peddannavari Palli Village, Talupula Mandal, Anantapuram
District and 5.76 hectares in Sy.No.1 part situated at Puligundlapalli Village,
Talupula Mandal, Anantapuram Distr'lct as per the Rules existing as on the
date of filing of quarry lease application.
44
O
lANO: 1 OF2022
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 suspend G.O.Ms.No.13, Industries and Commerce (Mines-Ill)
Department, dated 14-3-2022 in so far as it relates to amending Rule 7-A,
Rule 9, Rule 12 of A.P. Minor Mineral Concession Rules, 1966 and A.P.
Minor Mineral Auction Rules, 2022 issued in G.O.Ms.No.14, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022.
Counsel for the Petitioner: SRI KIRTHI TEJA KONDAVEET[
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 18834 OF 2022
Betwee n :
M/s.Varasiddi Vinayaka Minerals, represented by its Managing Partner
P. Mahadeva Reddy, S/o Papi Reddy, Aged about 48years, R/o 6-3-197
Comfort Opel Apartments, Flat No.203, Ramnagar, Anantapurali,
Anantapuram District 515 001
...Petitioner
AND
1. State of Andhra Pradesh, represented by its Principal Secretary,
Industries and Commerce Department, Secretariat Buildings,
Velagapudi, Guntur District.
2. Director of Mines and Geology, Andhra Pradesh, Ibrahimpatnam,
Krishna District.
...Respondents
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, Order or Direction, more particularly one in the
nature of Writ of Mandamus declaring G.O.Ms.No.13, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 in so far as it relates to
amending Rule 7-A, Rule 9, Rule 12 of A.P. Minor Mineral Concession
a 45
Rules,1966 to issue quarry lease only through A.'P. Minor Mineral Auction
Rules, 2022 and treating all the mineral concession applications filed for
minor minerals prior to the date of commencement of A.P. Minor Mineral
Auction Rules, 2022 as ineligible and G.O.Ms.No.14, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 framing A.P. Minor
Mineral Auction Rules, 2022 and also Proceedings in D.Dis.No.8137/Dll-
ATP/2019, dated 09-05-2022 issued by the Director of Mines and Geology,
Andhra Pradesh as wholly illegal, arbitrary and violative of Articles 14,19
and 21 of the Constitution of India and consequently declare that the
petitioner is entitled for considering their quarry lease application dated
18.09.2019 for grant of Quartz mineral over an extent of 12.891 hectares as
in Sy.Nos.1330/2 part situated at Kadiri Village and Mandal, Anantapuram
District as per the Rules existing as on the date of filing of quarry lease
application.
lANO: 1 OF2022
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 suspend G.O.Ms.No.13, Industries and Commerce (Mines-Ill)
Department, dated 14-3-2022 in so far as it relates to amending Rule 7-A,
Rule 9, Rule 12 of A.P. Minor Mineral Concession Rules,1966 and A.P.
Minor Mineral Auction Rules, 2022 issued in G.O.Ms.No.14, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 and also Proceedings
in D.Dis.No.8137/Dll-ATP/2019, dated 09-5-2022 issued by the Director of
Mines and Geology, Andhra Pradesh.
Counsel for the Petitioner: SRI KIRTHI TEJA KONDAVEETI
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
46
O
WRIT PETITION NO: 2O148 OF 2022
Between :
Saradhi Minerals and Processors, Represented by its partner Jatothu
Mark Raju, having its Office 07-22-9(10), Flat No.303, Ayodya
Apartments, Kirlampudi, Layout, Near Municipal Guest House,
ChinnaWaltair, Visakhapatnam (M and U), Visakhapatnam District,
Andhra Pradesh. AND
...Petitioner
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary (Mines),
Industries and Commerce Department, Secretariat, Amaravati
2 I IhnJea nD:ryeactTO:£fe ¥s i, nDe:NaoT d7_? 84Pl,o5qy 'a:tdagSh oFfI3onrdsl rBa_ a Ioacdk:s h I s ri
lbrahimpatnam, Krishna District, Andhra Pradesh.
3. The Assistant Director of Mines and Geology, Alluri Seetharama Raju
District, Andhra Pradesh.
...Respondents
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, order or direction
a) declaring that the amendments made to the Andhra Pradesh Minor
Mineral Concession Rules, 1966 and the promulgation of Andhra
Pradesh Minor Mineral Auction Rules, 2022 vide G.O.MS. No 13 and
G.O.MS. No 14 dated March 14, 2022, respectively, published in the
Official Gazette on April 1, 2022, are beyond the competence of the
State and are ultra vires the Mines and Minerals (Development and
Regulation) Act,1957 and the Constitution of India and, consequently,
quashing them.
b) Quashing the communication Nos. 5655/D4/2021, 5451/D4/2021 and
5450/D4/2021 all dated June 6, 2022 issued by the Respondent 2.
c) Quashing the Notification Nos. 3/RIY/2022 (Tender lD. 518016),
7/RJY/2022 (Tender lD. 518035) and 1/RJY/2022 (Tender lD.
a 47
518011) all dated June 13, 2022 putting up for auction the areas
covered by the applications of the Petitioner.
d) mandating the Respondents to continue to process the applications
made by the Petitioner and consequently grant Quarry Leases for
Colour Granite in respect of the following three applications of the
Petitioner falling in Gangavaram Mandal of East Godavari District. File
Ref.Extent (Ha) Village 5655/D4/2021 8.900 E. Ramavaram
5451/D4/202133.333 Yendapalli 5450/D4/20219.000 Yellapuram.
lANO: 1 OF2022
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 grant stay of operation, imp[ementation and execution of the
amendments made to the Andhra Pradesh Minor Mineral Concession Rules,
1966 and the Andhra Pradesh Minor Mineral Auction Rules, 2022 vide
G.O.MS. No 13 and G.O.MS. No 14 dated March 14, 2022, respectively,
published in the Official Gazette on April 1, 2022 pending disposal of the writ
petition in the interest of justice and equity.
Counsel for the Petitioner: SRI GAJI SRINIVAS
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 21272 OF 2022
Between:
C Reddy Bhaskar, S/o. C. Rama Chandra Reddy Aged about 55 years,
D.No.39/654-1-1, Old bypass Road, Beside Keshavareddy School,
Chinnachowk,Kadapa.
...Petitioner
AND
1. State of Andhra Pradesh, represented by its Principal Secretary,
Industries and Commerce Department, Secretariat Buildings,
Velagapudi, Guntur District.
48
a
2. Director of Mines and Geology, Andhra Pradesh, lbrahimpatnam,
Krishna District.
...Respondents
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, Order or Direction, more particularly one in the
nature of Writ of Mandamus declaring G.O.Ms.No.13, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 in so far as it relates to
amending Rule 7-A, Rule 9, Rule 12 of A.P. Minor Mineral Concession
Rules,1966 to issue quarry lease only through A.P. Minor Mineral Auction
Rules, 2022 and treating all the mineral concession applications filed for
minor minerals prior to the date of commencement of A.P. Minor Mineral
Auction Rules, 2022 as ineligible and G.O.Ms.No.14, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 framing A.P. Minor
Mineral Auction Rules, 2022 is wholly illegal, arbitrary and violative of
Articles 14,19 and 21 of the Constitution of India and consequently declare
that the petitioner is entitled for considering his quarry lease application
dated 31.07.2021 for grant of Pyrophilite mineral over an extent of 16
hectares in Sy.No.179 situated at Gowkanapalle Village, N.P.Kunta Mandal,
Ananthapuram District as per the Rules existing as on the date of filing of
quarry lease application.
lANO: 1 OF2022
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 suspend G.O.Ms.No.13, Industries and Commerce (Mines-Ill)
Department, dated 14-3-2022 in so far as it relates to amending Rule 7-A,
Rule 9, Rule 12 of A.P. Minor Mineral Concession Rules,1966 and A.P.
Minor Mineral Auction Rules, 2022 issued in G.O.Ms.No.14, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022.
a 49
Counsel for the Petitioner: SRI KIRTHI TEJA KONDAVEETI
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 21419 OF 2022
Between:
Y. Srikanth Reddy, S/o Sri Krishna Reddy, Aged about 47 years, R/o.
H.No.9-3, Kurnool Road, Dhone Mandal, Kurnool District.
...Petitioner
AND
1. State of Andhra Pradesh, represented by its Principal Secretary,
Industries and Commerce Department, Secretariat Buildings,
Velagapudi, Guntur District.
2. Director of Mines and Geology, Andhra Pradesh, !brahimpatnam,
Krishna District.
...Respondents
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, Order or Direction, more particularly one in the
nature of Writ of Mandamus declaring G.O.Ms.No.13, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 in so far as it relates to
amending Rule 7-A, Rule 9, Rule 12 of A.P. Minor Mineral Concession
Rules,1966 to issue quarry lease only through A.P. Minor Mineral Auction
Rules, 2022 and treating all the mineral concession applications filed for
minor m`inerals prior to the date of commencement of A.P. Minor Mineral
Auction Rules, 2022 as ineligible and G.O.Ms.No.14, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 framing A.P. Minor
Mineral Auction Rules, 2022 and not processing the renewal quarry lease
application of the petitioner dated 01-02-2018 for grant of Road Metal and
Building Stone mineral over an extent of 3.571 hectares in Sy.No.485
situated at Bodduvanipalli Village, Orvakal MandaI, Kurnool District as
wholly illegal, arbitrary and violative of Articles 14 and 19 of the Constitution
50
a
of India and consequently declare that the petitioner is entitled for
considering his renewal quarry lease application, dated 01-02-2018 for grant
of Road Metal and Building Stone mineral over an extent of 3.571 hectares
in Sy.No.485 situated at Bodduvanipalli Village, Orvakal Mandal, Kurnool
District as per the Rules existing as on the date of filing of renewal quarry
lease application.
lANO: 1 OF2022
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 renewal quarry lease
application of the petitioner dated 01-02-2018 for grant of Road Metal and
Building Stone mineral over an extent of 3.571 hectares in Sy.No.485
situated at Bodduvanipalli Village, Orvakal Mandal, Kurnool District as per
the Rules existing as on the date of filing of renewal quarry lease application
by suspending G,O.Ms.No.13, Industries and Commerce (Mines-Ill)
Department, dated 14-3-2022 in so far as it relates to amending Rule 7-A,
Rule 9, Rule 12 of A.P. Minor Mineral Concession Rules,1966 and A.P.
Minor Mineral Auction Rules, 2022 issued in G.O.Ms.No.14, Industries Sz,
Commerce (Mines-Ill) Department, dated 14-3-2022.
Counsel for the Petitioner: SRI KIRTHI TEJA KONDAVEETI
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 21590 OF 2022
Between :
Y. Srikanth Reddy, S/o Sri Krishna Reddy, Aged about 47 years, R/o.
H.No.9-3, Kurnool Road, Dhone Mandal, Kurnool District.
u.Petitioner
AND
a 51
1. The State of Andhra Pradesh, represented by its Principal Secretary,
Industries and Commerce Department, Secretariat Buildings,
Velagapudi, Guntur District.
2. Director of Mines and Geology, Andhra Pradesh, lbrahimpatnam,
Krishna District.
...Respondents
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, Order or Direction, more particularly one in the
nature of Writ of Mandamus declaring G.O.Ms.No.13, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 in so far as it relates to
amending Rule 7-A, Rule 9, Rule 12 of A.P. Minor Mineral Concession
Rules,1966 to issue quarry lease only through A.P. Minor Mineral Auction
Rules, 2022 and treating all the mineral concession applications filed for
minor minerals prior to the date of commencement of A.P. Minor Mineral
Auction Rules, 2022 as ineligible and G.O.Ms.No.14, Industries and
Commerce (Mines-lll) Department, dated 14-3-2022 framing A.P. Minor
Mineral Auction Rules, 2022 and not processing the quarry lease application
of the .petitioner dated 21-01-2008 for grant of Road Metal and Building
Stone mineral over an extent of 2.925 hectares in Sy.No.485 situated at
Bodduvanipalli Village, Orvakal Mandal, Kurnool District as wholly illegal,
arbitrary and violative of Articles 14 and 19 of the Constitution of India and
consequently declare that the petitioner is entitled for considering his quarry
lease application, dated 21-01-2008 for grant of Road Metal and Building
Stone mineral over an extent of 2.925 hectares in Sy.No.485 situated at
Bodduvanipal[i Village, Orvakal Mandal, Kurnool District as per the Rules
existing as on the date of filing of quarry lease application.
IANO: 1 OF2022
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 quarry lease application of
52
a
the petitioner dated 21-01-2008 for grant of Road Metal and Building Stone
and Building Stone mineral over an extent of 2.925 hectares in Sy.No.485
situated at Bodduvanipalli Village, Orvakal Mandal, Kurnool District as per
the Rules existing as on the date of filing of quarry lease application by
suspending G.O.Ms.No.13, Industries and Commerce (Mines-IIl)
Department, dated 14-3-2022 in so far as it relates to amending Rule 7-A,
Rule 9, Rule 12 of A.P. Minor Mineral Concession Rules, 1966 and A.P.
Minor Mineral Auction Rules, 2022 issued in G.O.Ms.No.14, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022.
Counsel for the Petitioner: SRI KIRTHI TEJA KONDAVEETI
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 21599 OF 2022
Betwee n :
Sri Sai Venkateswara Stone Crushers, Rep. by its Proprietor, Sri
D.Ayyapu Reddy, S/o.D.Siva Reddy, Aged about 47 years, R/o. Flat
No.401, Apoorva Apartment! C.Camp, Kurnool, Kurnool District.
...Petitioner
AND
1. The State of Andhra Pradesh, represented by its Principal Secretary,
Industries and Commerce Department, Secretariat Buildings,
Velagapudi, Guntur District.
2. Director of Mines and Geology, Andhra Pradesh, lbrahimpatnam,
Krishna District.
...Respondents
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, Order or Direction, more particularly one in the
nature of Writ of Mandamus declaring G.O.Ms.No.13, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 in so far as it relates to
amending Rule 7-A, Rule 9, Rule 12 of A.P. Minor Mineral Concession
a 53
Rules,1966 to issue quarry lease only through A.P. Minor Mineral Auction
Rules, 2022 and treating all the mineral concession applications filed for
minor minerals prior to the date of commencement of A.P. Minor Mineral
Auction Rules, 2022 as ineligible and G.O.Ms.No.14, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 training A.P. Minor
Mineral Auction Rules, 2022 and not processing the quarry lease application
of the petitioner dated 17-08-2017 for grant of Road Metal and Building
Stone mineral over an extent of 2.113 hectares in Sy.No.285situated at
Bodduvanipalli Village, Orvakal Mandal, KurnooI District as wholly illegal,
arbitrary and violative of Articles 14 and 19 of the Constitution of India and
consequently declare that the petitioner is entitled for considering his quarry
lease application, dated 17-08-2017 for grant of Road Metal and Building
Stone mineral over an extent of 2.113 hectares in Sy.No.285 situated at
Bodduvanipalli Village, Orvakal Mandal, Kurnool District as per the Rules
existing as on the date of filing of quarry lease application.
IANO: 1 OF2022
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 quarry lease application of
the petitioner dated 17-08-2017 for grant of Road Metal and Building Stone
mineral over an extent of 2.113 hectares in Sy.No.285 situated at
Bodduvanipalli Village, Orvakal MandaI, Kurnool District as per the Rules
existing as on the date of filing of Quarry lease application by suspending
G.O.Ms.No.13, Industries and Commerce (Mines-Ill) Department, dated 14-
3-2022 in so far as it relates to amending Rule 7-A, Rule 9, Rule 12 of A.P.
Minor Mineral Concession Rules, 1966 and A.P. Minor Mineral Auction
Rules, 2022 issued in G.O.Ms.No.14, Industries and Commerce (Mines-Ill)
Department, dated 14-3-2022.
Counsel for the Petitioner: SRI KIRTHI TEJA KONDAVEETl
54
O
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 22118 OF 2022
Between :
K. Sreekanth, S/o K. Sreenivasulu, Aged about 30 years, R/o
H.No.87/1388, N. Seshadri Nagar, Near Nandyal Check Post, Kallur
Kurnool.
...Petitioner
AND
1. State of Andhra Pradesh, represented by its Principal Secretary,
Industries and Commerce Department, Secretariat Buildings,
Velagapudi, Guntur District.
2. Director of Mines and Geology, Andhra Pradesh, lbrahimpatnam,
Krishna District.
...Respondents
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, Order or Direction, more particularly one in the
nature of Writ of Mandamus declaring G.O.Ms.No.13, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 in so far as it relates to
amending Rule 7-A, Rule 9, Rule 12 of A.P. Minor Mineral Concession
Rules,1966 to issue quarry lease only through A.P. Minor Mineral Auction
Rules, 2022 and treating all the mineral concession applications filed for
minor minerals prior to the date of commencement of A.P. Minor Mineral
Auction Rules, 2022 as ineligible and G.O.Ms .No.14, Industries and
Commerce (Mines-Ill) Department, dated 14-3-2022 framing A.P. Minor
Mineral Auction Rules, 2022 and not processing the quarry lease application
of the petitioner dated 17-12-2018 for grant of Road Metal and Building
Stone mineral over an extent of 2.444 hectares in Sy.No.485 situated at
Bodduvanipalll' Village, Orvakal Mandal, KurnooI District as wholly illegal,
arbitrary and violative of Articles 14 and 19 of the Constitution of India and
consequently declare that the petitioner is entitled for considering his quarry
a 55
lease 'application, dated 17-12-2018 for grant of Road Metal mineral over an
extent of 2.444 hectares in Sy.No.485 situated at Bodduvanipalli Village,
Orvakal Mandal, Kurnool District as per the Rules existing as on the date of
filing of quarry lease application.
lANO: 1 OF2022
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 quarry lease application of
the petitioner dated 17-12-2018 for grant of Road Metal and Building Stone
mineral over an extent of 2,444 hectares in Sy.No.485 situated at
Bodduvanipalli Village, Orvakal Mandal, Kurnool District as per the Rules
existing as on,the date of filing of quarry lease application by suspending
G.O.Ms.No.13, Industries and Commerce (Mines-Ill) Department, dated 14-
3-2022 in so far as it relates to amending Rule 7-A, Rule 9, Rule 12 of A.P.
Minor Mineral Concession Rules, 1966 and A.P. Minor Mineral Auction
Rules, 2022 issued in G.O.Ms.No.14, Industries and Commerce (Mines-Ill)
Department, dated 14-3-2022.
Counsel for the Petitioner: SRI KIRTHI TEJA KONDAVEETI
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 39743 OF 2022
Betwee n :
M/s. Priyanka Minerals, rep by its Proprietrix Smt.Subhadra Tripathi,
W/o Rajeev Kumar, Aged 62 years, R/o Flat No.9, Sahiti Apartments,
GT Road, Near KVR Petrol Bunk, Dargamitta, Nellore.
...Petitioner
AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary,
Industries and Commerce (Mines-lll) Department, A.P.Secretariat,
Velagapudi, Guntur District, A.P.
56
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2. The Director of Mines and Geology, State ofAndhra Pradesh,
Ibrahimpatnam, Krishna District, Andhra Pradesh.
3. The Deputy Director of Mines and Geology, Nellore District, Andhra
Pradesh.
4. The Assistant Director of Mines and Geology, Nellore, Nellore District.
...Respondents
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, order or direction more particularly one in the
nature of a Writ of Mandamus ,declaring the proceedings No. 4026/D8/2021,
dt. o8.09.2022 of the 2nd Respondent under Rule 12 (2) of the APMMC
Amendmen`t Rules, 20221 as amended vide G.O.Ms.No.13, Industries 86
Commerce (Mines-Ill) dt.14.03.2022 and G.O.Ms.No.14 Industries and
Commerce (Mines-Ill) dt.14.03.2022, do not apply to the Petitioner's case as
the same is arbitrary, illegal, high handed, violative of Principles of Natural
Justice, contrary to the provisions of the Mines and Mineral Development
and Regulation Act,1957 and Andhra Pradesh Minor Mineral Concession
Rules,1966, violative of the Articles 14 and 19(1) (g) of the Constitution of
India and to consequently set aside the proceedings of the 2nd Respondent
in Proceedings No.. 4026/D8/2021, dt. 08.09.2022.
lANO: 1 OF2022
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 suspend the Proceedings No.. 4026/D8/2021, dt. 08.09.2022 of
the 2nd Respondent.
(ii) to direct the Respondent authorities not to take any consequential
action pursuant to Proceedings No. 4026/D8/2021, dt. 08.09.2022,
pending disposal of the above writ petition.
a 57
Counsel for the Petitl-oner: SR[ G SAI NARAYANA 'RAO
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 40525 OF 2022
Between :
M/s. The Aishwarya Tribal Labour Contract Mutually Aided Co-
Operative Society Ltd., Contract Mutually Aided Co-operative Society
Ltd, President. K.Appa Rao,2-387/1,Seetharamaraju Colony,
Addateegala VIllage and MandeI, Krishna District, Andhra Pradesh.
...Petitioner
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary (Mines),
Industries and Commerce Department, Secretariat, Amaravati.
2. The Director of Mines and Geology, State ofAndhra Pradesh, Sri
Anjaneya Towers, D.No. 7-104, 5Tand . 6th FIoors, B-Block,
Ibrahimpatnam, (NTR) Krishna District, Andhra Pradesh.
3. The Assistant Director of Mines and Geology, Rajahmundry,
E.G.District, Andhra Pradesh.
...Respondents
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, Order or direction more particularly one in the
nature of Writ of Mandamus
a) Declaring that the amendments made to the Andhra Pradesh
Minor Mineral Concession Rules,1966 and the promulgation of
Andhra Pradesh Minor Mineral Auction Rules, 2022 vide
G.O.MS. No 13 and G.O.MS. No 14 dated March 14, 2022,
respectively, published in the Official Gazette on April 1, 2022,
are beyond the competence of the State and are ultra vires the
Mines and Minerals (Development and Regulation) Act, 1957
and the Constitution of India and, consequently, quashing them.
58
O
b) Quashing the communication Nos. 5458/D4/2021 a-nd
5459/D4/2021 both dated June 6, 2022 issued by the
Respondent 2.
c) Quashing the Notification Nos. 5/RJY/2O22 (Tender lD.
518028), and 4/RJY/2022 (Tender lD. 518020) both dated June
13, 2022 and Notifications 5/RJY/2022-ll (Tender lD.5592O7),
and 4/RJY/2022-ll (Tender lD.559199) both dated October 31,
2022 putting up for auction the areas covered by the
applications of the Petitioner.
d) mandating the Respondents to continue to process the
applications made by the Petitioner and consequently grant
Quarry Leases for Colour Granite in respect of the following two
applications of the Petitioner falling in Addateegala Mandal of
East Godavari District.
File Ref. Sy. No Extent (Ha) Village
5458/D4/2021 28/P 4.896 Settipalli(V), Addateegala(M),I
East Godavari (D).
5459/D4/2021 28/P 4.649 Settipalli(V), Addateegala(M),EastGodavari(D).
IANO: 1 OF2022
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition,9the High Court may be
pleased to stay of operation, implementation and execution of the
amendments made to the Andhra Pradesh Minor Mineral Concession Rules,
1966 and of the Andhra Pradesh Minor Mineral Auction Rules, 2022 vide
G.O.MS. No 13 and G.O.MS. No 14 dated March 14, 2022, respectively,
published in the Official Gazette on April 1, 2022 pending disposal of the
Writ Petition in the interest of justice and equity, pending disposal of the Writ
Petition.
a 59
lANO: 2OF2022
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 Stay of the Notification No. 5/RJY/2022-ll and 4/RJY/2022-ll
dated October 31, 2022 putting the two blocks covered by the petitioner's
Applications to Auction in view of the fact that the Respondent State itself is
rethinking the auction regime and has appointed a committee for the
Purpose, the auction Of the blocks covered by the Petitioner's applications
may please be stayed pending disposal of the writ petition in the interest of
justice and equity, pending disposal of the writ petition.
lA NO: 3OF2O22
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 grant Stay of any further action, operation, implementation and
execution of the 3rd attempt of Tender Notification Nos. 4/RJY/2022-Ill and
5/RJY/2022-lll both dated 16th December, 2022 issued by the Respondent
No 2 by taking the same on record, pending the final hearing and disposal of
the Writ Petition No. 40525 /2022 which is pending on the file of this Hon'ble
court any other relief or reliefs as deemed fit and proper under the facts and
circumstances in the interest of justice.
Counsel for the Petitioner: SRI P SAM DANIEL
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 40529 OF 2022
Betwee n :
M/s Lakshmi ST Mining And Leasing Labour Contract Mutually Aided
Co-Operative Society Limited, Represented by lt's President. Sri Pandu
Banavathu, 3-36, Jayanthipuram Village, Jaggayyapeta Mandal, NTR
(Krishna) District, Andhra Pradesh.
60
O
...Petitioner
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary (Mines),
Industries an Commerce Department, Secretariat, Amaravati.
2. The Director of Mines and Geology, State of Andhra Pradesh, Sri
Anjaneya Towers, D.No. 7-104, 5th and 6th Floors, B-Block,
lbrahimpatnam, NTR (Krishna) District, Andhra Pradesh.
3. The Assistant Director of Mines and Geology, Rajahmundry, East
Godavari District, Andhra Pradesh.
...respondents
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, Order or direction more particularly one in the
nature of Writ of Mandamus
a) Declaring that the amendments made to the Andhra Pradesh
Minor Mineral Concession Rules,1966 and the promulgation of
Andhra Pradesh Minor Mineral Auction Rules, 2022 vide
G.O.MS. No 13 and G.O.MS. No 14 dated March 14, 2022,
respectively, published in the Official Gazette on April 1, 2022,
are beyond the competence of the State and are ultra vires the
Mines and Minerals (Development and Regulation) Act,1957
and the Constitution of India and, consequently, quashing them.
b) Quashing the Communication Nos. 5455/D4/2021 and
5456/D4/2021 dated June 06, 2022 issued by the Respondent
2.
c) Quashing the Notification No.6/RJY/2022 (Tender ID.518031)
date June 13, 2022 and No.6/RJY/2022-ll (Tender lD.559210)
dated October 31, 2022. and putting up for auction the area
covered by the application of the Petitioner dated 18.02.2021.
d) mandating the Respondents to continue to process the
applications made by the Petitioner and consequently grant
a 61
Quarry Leases for Colour Granite in respect of the following two
applications of the Petitioner falling in Addateegala Mandal, of
East Godavari District.
I File Ref.
Sy. No Village
I RecommendedExtent(Ha)
5458/D4/2021 28/P 4.947 Settipalli(V), Addateegala(M),EastGodavari(D).
'28/P
5459/D4/2021 3.85 I Settipalli(V)i Addateegala(M),EastGodavari(D).
IANO: 1 OF2022
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 grant the stay of operation, implementation and execution of the
amendments made to the Andhra Pradesh Minor Mineral Concession Rules,
1966 and of the Andhra Pradesh Minor Mineral Auction Rules, 2022 vide
G.O.MS. No 13 and G.O.MS. No 14 dated March 14, 2022, respectively,
published in the Official Gazette on April 1, 2022 pending disposal of the
Writ Petition in the interest of justice and equity, pending disposal of the writ
Petition.
IANO:2OF2022
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 grant the Stay of the Notification No.6/RJY/2022-l[, dated
October 31, 2022 putting the block, concerned by the petitioner application
to Auction in view of the fact that the Respondent State itself is rethinking
the auction regime and has appointed a Committee for the purpose. The
auction of the block covered by the Petitioner application may please be
stayed. pending disposal of the Writ Petition,
62
®
lANO: 3OF2022
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 grant Stay of any further action, operation, implementation and
execution of the 3rd attempt of Tender Notification No. 6/RJY/2022-Ill Tender
(lD :574899) dated 16th December, 2022 issued by the Respondent No 2 by
taking the same on record, pending the final hearing and disposal of the Writ
Petition No. 40529 /2022 which is pending on the file of this Hon'ble court;
and any other relief or reliefs as deemed fit and proper under the facts and
circumstances in the interest of justice.
Counsel for the Petitioner: SRI P SAM DANIEL
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 2836 OF 2023
Betwee n :
M/S. SRI SAI R Sand & M Sand, Rep. by its Proprietor, Jabbala
Sreenivasulu, S/o.Jabbala Chinnappa, Aged about 51 years, Occ.
Business, R/o.D.No.7-82, Eguvakuravanka, Mysore Bank Colony,
Madanapalle, Annamayya District.
I..Petitioner
AND
1. The State of Andhra Pradesh, Rep.by its Principal Secretary Mines
Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur
District,
2. The Director of Mines and Geology, Government ofAndhra Pradesh,
lbrahimpatnam, Krishna District.
3. The Deputy Director of Mines and Geology, D.No.2-55/2, Officers Line,
Guru Nagar Colony, Near Municipal Office, Chittoor -517 001.
4. The Assistant Director of Mines and Geology, Palamaneru
...Respondents
a 63
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, Order or direction more particularly one in the
nature of Writ of Mandamus, declaring the Rule-12 (5) (d) of the Andhra
Pradesh Minor Mineral Concession Rules,1966 through G.O.Ms.No.13 and
G.O.Ms.No.14, Industries and Commerce (Mines.Ill) Department, dated
14.03.2022, and consequential Proceedings No.4170/21/2019,
dt.17.09.2022 and Proceedings No.37162/21/2021, dt.26.ll.2022 of the 3rd
Respondent, and consequently direct the respondents to grant lease to the
petitioner in an extent of 2.465 Hectares in Sy.No.1072-1 (P),1072-2 (P),
1072-4 (P),1060-3 (P),1061-2 (P),1063-2 and 4 (P) of Basinikonda Village,
Madanapalle Mandal, erstwhile Chittoor District, presently Annamayya
District based on the Application, dt.06.ll.2019 (received on 08.ll.2019)
and proposals of ADM and G vide No.3762/Q1, dt.01.ll.2022 by collecting
the necessary charges and issue work permits in accordance with law.
lANO: 1 OF2023
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 grant the quarry Lease to the petitioner
in an extent of 2.465 Hectares in Sy.No.1072-1 (P),1072-2 (P),1072-4 (P),
1060-3 (P), 1061-2 (P), 1063-2 and 4 (P) of Basinikonda Village,
Madanapalle MandaI, erstwhile Chittoor District, presently Annamayya
District by suspending the amended Rules-12 (5) (d) of the Andhra Pradesh
Minor Mineral Concession Rules, 1966 through G.O.Ms.No.13 and
G.O.Ms.No.14, Industries and Commerce (Mines.Ill) Department, dated
14.03.2022, pending disposal of the writ petition.
Counsel for the Petitioner: SRI M VENKATA RAMANA REDDY
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
64
a
WRIT PETITION NO: 2528 OF 2023
Between:
Sri S Srikanth Reddy, S/o Sadula Pedda Vengala Reddy, Aged 43
years, R/o Flat No.202, Vara Pradha Mansion Apts, Behind Montessori
School, A.Camp, Kurnool, Kurnool District.
...Petitioner
AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary,
Industries and Commerce (Mines-IIl) Department, A.P.Secretariat,
Velagapudi, Guntur District, A.P.
2. The Director of Mines and Geology, State of Andhra Pradesh,
Ibrahimpatnam, Krishna District, Andhra Pradesh.
3. The Deputy Director of Mines and Geology, Kurnool, Kurnool District,
Andhra Pradesh.
4. The Assistant Director of Mines and Geology, Banaganapalli, Kurnool
District.
...Respondents
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, order or direction more particularly one in the
nature of a Writ of Mandamus, declaring the Proceedings No..
3896/Q2/2022, Dt.17.12.2022 of the 3rd Respondent under Rule 12 (2) of
the APMMC Amendment Rules, 2022 as amended vide G.O.Ms.No. 13,
Industries 86 Commerce (Mines-Ill) dt.14.03.2O22 and G.O.Ms.No.14
Industries 85 Commerce (Mines-Ill) dt.14.03.2022, do not apply to the
Petitioner's case as the same is arbitrary, illegal, high handed, violative of
Principles of Natural Justice, contrary to the provisions of the Mines and
Mineral Development and Regulation Act,1957 and Andhra Pradesh Minor
Mineral Concession Rules,1966, violative of the Articles 14 and 19(1) (g) of
the Constitution of India and to consequently set aside the proceedings of
the 3rd Respondent in Proceedings No.. 3896/Q2/2022, Dt.17.12.2022.
a 65
lANO: 1 OF2023
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 suspend the Proceedings No:. 3896/ Q2 /2022, Dt.17.12.2022 of
the 3rd Respondent,
ii) to direct the Respondent authorities not to take any consequential
action pursuant to Proceedings No:.3896/Q2/2022, Dt.17.12.2022,
pending disposal of the above writ petition.
Counsel for the Petitioner: SRI G SAI NARAYANA RAO
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
WRIT PETITION NO: 2691 OF 2024
Betwee n :
Federation of Minor Minerals Industry (FEMMl), Rep. by its Secretary
General -Dr. Chatti Hanumanth Rao, S/o. Srinivasa Chatti, Age 60
years, Occu Business, Regd. Off 24-88/7, Srinivasa Nagar,
Simhachalam, Vishakhapatnam, Andhra Pradesh.
...Petitioner
AND
1. The State of Andhra Pradesh, Represented by the Principal Secretary
Industries and Commerce (Mines. Ill) Department, Secretariat,
Velagapudi, Andhra Pradesh.
2. Department of Mines and Geology, Sri Anjaneya Towers, D.No. 7-104,
B_Block, 5th and 6th floors, lbrahimpatnam, Vijayawada Andhra Pradesh-
521456. Represented by its Director.
...Respondents
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 pass orders or directions more in the nature of writ of
Mandamus in respect of Government Order bearing G.O. Ms. No. 13 dated
66
a
14.03.2022 issued by the Industries and Commerce (Mines lll) Department,
Government of Andhra Pradesh, declaring the Government Order bearing
G.O. Ms. No.13 dated 14.03.2022 issued by the Industries and Commerce
(Mines Ill) Department, Government of Andhra Pradesh to the extent of
amending Rule 12 of the Andhra Pradesh Minor Mineral Concession Rules,
1966 by inserting the words, Whenever, more than one application is
received for the same area, the Deputy Director concerned shall grant lease
to the applicant who obtains requisite approvals from the Forest Department
/ Department concerned, as the case may be, at the earliest as being
colourable, illegal, arbitrary, and violative and ultra vires Articles 14 of the
Constitution of India and consequently set aside all leases granted pursuant
to the amended Rule 12 introduced vide Government Order bearing G.O.
Ms. No.13 dated 14.03.2022.
IANO: 1 OF2024
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 suspend the operation/implementation of Rule 12(1) of the
Andhra Pradesh Minor Mineral Concession Rules,1966 which was inserted
by way of an amendment notified vide the Impugned G.O. bearing G.O.Ms.
No.13 dated 14.03.2022 issued by the Industries & Commerce (Mines Ill)
Department, Government of Andhra Pradesh, to the extent of the words,
"Whenever, more than one application is received for the same area, the
Deputy Director concerned shall grant lease to the applicant who obtains
requisite approvals from the Forest Department / Department concerned, as
the case may be, at the earliest.
Counsel for the Petitioner: SRI D NARENDAR NAIK
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
a 67
WRIT PETITION NO: 5924 OF 2024
Between :
M/s Tirumala Granites, D.No.Ill-161-21-4, SBI Colony, Madanapalli,
Chittoor District Rep. by its Proprietor Smt.V.Krishnaveni
...Petitioner
AND
1. The State of Andhra Pradesh, Dept, of Mines and Geology, Secretariat,
Velagapudi, Guntur District, Rep by its Principal Secretary.
2. The Director of Mines and Geology, lbrahimpatnam, Vijayawada.
...Respondents
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 of Mandamus declaring the Rule 12(2) and
12(5)(d) of the AP Minor Mineral concession Rules,1966 as amended vide
G.O.Ms No. 13 dated 14.03.2022 declaring all pending applications for
mining lease made under APMMC Rules,1966 as not consider for issuing
LOI as manifestly arbitrary, violative of section 15 of the MMDR Act,1957
r/w Article 14 of the Constitution of India and consequently direct the
Respondents to forthwith process the applications of the petitioner dated
applications dated 10.01.2015 File no. 510/Q1/2O15 respectively of
Respondent No.2 for mining lease as per the AP Minor Mineral concession
Rules, 1966 as on the date of quarry lease application.
lANO: 1 OF2024
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 conduct auction under the AP
Minor Mineral Auction Rules, 2022 wrt of the petitioners quarry lease
applications dated 10.01.2015 File no. 510/Q1/2015 respectively of
Respondent No.2 pending disposal of WP.
68
Counsel for the Petitioner: M/s UTTARA LEGAL
Counsel for the Respondents: LEARNED ADVOCATE GENERAL FOR
STATE GP FOR MINES AND GEOLOGY
The Court made the following common order:
a
HCJ & RRR,J
W.P.No.19459 of 2O22 & batch
IN THE IIIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. CJUSTICE DHIRAJ SINGE TIIAKtm, CHIEF CJUSTICE
&
HON'BI,E MR. JUSTICE R. RAGHUNANDAN RAO
W.P.Nos.l9459,l4827, l4886, l5O`25, l6592,17O75, l85O4, l8509,
l8526, l8555, l8558, 21559, 2156l, al562, 25504, a4520, 51569,
57577, 58643, 38659,ll7528, l7547, 17558, l752O, l8O56, l84O6,
l8595, 186].2, 18647, l8824, l8851, l8854, 20148, 81272, 21419,
81590, 21599, a2118, 59745, 40525, 40529 of 2022, 2856, 2528 of
aOa5, 369|, 5924 of 2024
W.P.INo. I 9459/_2LQ?_3
Federa,lion of Minor Minera,1s Industry
(femm) a,nd Othel`s.
. . . .Petitioner(a)
Vs.
The State ofAP and Others.
.... Respondeflt(s)
Advocate for Petitioner: Mr. Ha,ri Speedhar
Advocate for Respondents: Lea,rned Advocate Genera,I for Sta,te
GP for Mines and Geology
ORDER
Dt: q-0 LOL5
(per IIonrble Sri Just,ice R.Ra,ghun.andan Rao)
Hea,r’d Sri Ha,pi Speedhap, lea,r`ned counsel a,ppeaI`ing fOI` the
petitioners, learned Advoca,te GeneraJl appearing fop the State a,nd
leaJPned a.P. for Mines a,nd Geolog’y a,ppearing for the ot,.her respondents.
O
HCJ & RRR,J
®`/ W.P.No.19459 of 2O22 & batch
2. The exploita,Lion of mineral resources, in India, including
development and pegula,lion of mines and minerals, is regulated by the
Mines and Minera,1s (Development and Regula,Lion) Act, i 957 (fop short
‘the l957 Act’). Fop the puI`POSe Of this Act, mineraJls ha,ve been
segregated into minerals, notified minerals and minor minera,ls. MinoI’
minerals have been defined under Section 5(e) in the following manner.
‘t5(e) t’minor minerals” means building stones, gravel,
ordinary clay, ordinary sand other than sand used for
prescribed purposes, and any other mineral which the
Central Government ma,y, by notifica,lion in t,he
Official Gazet,te,`declare to be a, minor mineral;”
5. Section l5 of the l957 Act empowers the Sta,te Goveprment,
to ma,ke Rules fop regula,ting the grant of quaJrry leases, miring leases Or
other mineral concessions in respect of minor Ininerals and for the
Purposes COnneCted thereWith. The StaJte Of AndhI`a Ppadesh, in exercise
of the powers confepped under Section I 5(I) of the 1957 Act, haJd made
the A.P. Minor Minepa,I Concession Rules, l966 (for short tthe l966
Rules’) issued under CLO.Ms.No.ll72, Industries (B-I), dated
O4.O9.l967. These Rules halve been amended from time to time. In the
Present ba,tCh Of Ca,SeS, a,mendmentS, ma,de tO these Rules by
a.O.Ms.No.l5, Industries and Commerce (Mines-III) Department, dated
l4.O5.2O22 and a.O.Ms.No.l4, Industries and Commerce (Mines-Ill)
Depa.rtment, dated l4.O5.2O22, are under ChaJllenge.
a
HCJ & RRR,J
W.P.No.19459 of 2022 & batch
4. a.O.Ms.No.l5, da,ted l4.03.2Oa2, a,mended Rules 4, 7-A, 9,
lO to l2, l4 to l6, l8, l9, 28, 51 aJnd 55 of the Rules. a.O.Ms.No.14
da,ted l4.O5.2O22, amended Rule l2(a) a,nd l2(5)(d) of the Rules, a,part
from ma,king the Andhra Ppadesh Minor Minera,I Auction RuJ.es, aO22.
5. The regulatory mechanism, under the rules, ppiop to these
amendments, waJS aS follows:
A. Minor’ Minel`als, for purposes of grant of qua,ray leases, were
Blotted in two ca,tegories. The first category consisted of sand, Gpahite,
Marble and 5 i minera,ls which had been decla,I`ed aS minor minerals, by
the central government, on lo/o2/2O15. The second category were a,ll
the other minor rninepa,ls.
B. The grant of leases for the second caJtegOry, under Rule 9 (i),
would be by the conceI`ned deputy director, While the grant Of lease fop
SaJnd, would be under Rule 9C-i; all other lea,ses, in the first category,
under rule l2 (5) [a,I (i), would be by the Director of Mines and Geology.
a. Rule 9 (i) stipulaJted the Procedure fop grant Of qua,ray lease Of
aJ minor minerals, in t,he Second CaJtegOry. Rule la set out the procedure
for Spa,nt, of leases for the flpst caJtegOry. The aJPPlications were divided
into four caJtegOPieS. The first category wats the applications from the
Government departments, copporaJtiOnS a,nd COmPa,nieS. The second
caJtegOry Was the a,PPliCa,lions Of laJbOr, COntra,Ct and COOPeratiVe
Societies, t,he third ca,tee-Cry wa,s appHca,lions of unemployed persons
/
O
HCJ & RRR,J
W.P.No.19459 of 2022 & batchwho possess recognized qualifications an.d the fourth caJtegOry Wats the
applica,lions by a,ny of the persons, who do not fall into the a,hove t,hree
categories. The aJPPnCatiOnS Of the first three Categories Were tO be given
priority, a,hove thaJt Of the fount,h Ca,tegOry. In the present case, we are
concerned with foullth Category. The 5th proviso to Rule l2(2) stated
tha,I when more than one applica,Lion is received under Category-4,
preference is to be given to the a,pplications, according to the date of
their receipt, unless the directoll, for Pea,SODS tO be recorded in writing,pI’eferS the aPPliCa,tiOn Of a Subsequent a,PPliCa,nt. Rule l2 (5) (b),
stipulated that the applications, for Spa,nt of lease, of the minor
minerals, in the second ca.tegory would be disposed of in order of receipt
of a,pplica,tions, with discretion being conferred on the director to Spa,nt
a lea.se to an application which is later in point of time. However, such
exercise Of discretion being Subject tO t,h.e aPPI`OVal Of the government
and fop special reasons to be recorded.
D. The applications were to be processed a,nd a, decision waJS tO
be ta,ken fop grant of leaJSe OP rejection Of the aPPliCa,lion. In the event of
the competent a,uthoI`ity, deciding tO gra,nt a, quaJITy lease, the Same
would be intimaJted tO the SuCCeSSflll aPPnCant, under a letter of intent,
and he would be called upon to submit necessaJry documents Such aS a
Mining plan, environment clearances, consent for establishment from
the pollution board etc., Apa,pt from this, the applicant would also be
a
® HCJ & RRR,J
W.P.No.19459 of 2022 & batchcaJlled upon tO remit the a,nnual dea,a rent foI` the first year and to
furnish aJ Security deposit. Upon successful submission of all the
required documents a,nd cleaJra,noes, a, lea,Se deed, in the prescribed
foI`ma,t Would be executed. The lease holder, during the operation of the
lease, would be required to pay dead rent or roya,lty, if the royalty
Payable, for that yea,I, exceeds the dead rent. The said dea,a rent or
poya,lty being ca,lculated on the baJSiS Of the dead rent and pa,tes ofrOya,lty, COnta,ined in SChedule I and II , in rule lO of the l966 Rules.
6. The Govemment, initiaJlly issued a.O.Ms.INo.65, da,ted
04.08.2O2l, aJmending’ the l966 Rules. Under this amendment, the
a,pplioa,nts, upon issue of letter of intent, weI`e req`riPed tO Pay ten times
the a,nnual dead rent, as aJ Premium. Apart from this the a,pplica,nt was
a,lso I’equiPed I,O deposit five times the a,nnual dead rent as a, seoupity
deposit. The existing lease holdeI’S Were t`O Pay the differential amounts.
This a.0. wats aha,llenged by va,IliOuS Persons, Whose aPPnCaJtiOnS Were
Pending. During the pendency of these writ Petitions, a.O.Ms.No. l5 a,nd
a.O.Ms.No.l4, dated l4.O5.aOa2, were issued. unde1` a.O.Ms.No.l4, a
new set of Rules knovm a,s the A.P. Minor Miners,I Auction Rules, 2O22
(fop short ‘the 2O22 Rules’) were brought into force. under These Rules,
quarry lea,ses would be a,uctioned and the highest bidder would be given
the qua,rry leaJSe, Subject tO COm.Plj.aJnOe Of a,ll OtheI` PequiPementS under
these Rules and. the Minor Mineral Concession Rules. a.O.Ms. ENo. l5,
a
HCJ & RRR,J
{- W.P.No.19459 of 2022 & batch
amended/deleted some of the l966 rules. Though the impugned
Government Orders have made substaJnt,ia,I Changes tO VaI`iOuS rules, the
changes, which aJre under ChaJllenge, ca,n be summarized in the following
mamer:
i. The system of first come first serve, in the 4th category, was
a,ba,ndoned a,nd it wa,s stipula,ted that the quarry lea,ses would be
Spa,nted by way of an auction, under the 2O22 Rules, where the bidder,
offering the highest premium, would be granted the lease.
ii. where, such a,uctions could not be conducted, the competent
authority, would follow the old system for grant of leases. However, the
premium would be fixed, on the basis of the pI’emium Which CaJme tO be
offered in the a,uctions conducted in the district for the same minepa,I.
iii. All pending aJPPnCatiOnS, filed for gra,nt Of leaSeS, except those
a,pPnCatiOnS, in Which letters Of intent had alrea,dy been issued, by
l4.O5.2O22, were rendered ineligible.
iv. The successful a,pplicant/bidder is required to deposit
Security deposit Of three I,imeS the annua,1 dead rent.
7. The petitioners herein are applicaJntS, Whose aPPnCatiOnS
ape pending a,nd stood rejected, on account of these amendments to the
Rules. The details of the writ Petitioners, Who have Challenged
a
HCJ & RRR,J
W.P.No.19459 of 20?_2 & batcha.O.Ms.No.15, and t,he writ Petitioners Who have Cha,llenged both
G.O.Ms.No.l5 and 14, aJre given below:
Details of the Writ PetitioneI’S Who ha,Ve Challenged a.O.Ms.No. I 5:
Sl.No. writ petition INo. Name of the petitioneI’
i. 19459 of2O22 Fedepa,lion of Minor Minerals Industry (FEMMI)
and ot,hers` I
2. |4827 of2O82 M/s.Rohith Minerals
5. 269| of2O24 Federation of Minor Minerals Industry (FEMMI)
4. |5O23 of2O22 M/s.Hemankari Minerals
5. 2|562 of2O22 M/s. PMD Minerals
6. 2156l of£Oaa Chekuri Appals RaJu
7. 2452O of aO28 M/s. Srihiva,sa, St,one Crusher
8. 5|569 ofaO2a M/s. Simhadri Ent,eI`PriSeS
9. 2|559 of2O22 Kanchipati Goupi Ra,than
1O. 58645 of 2O22 P. Guns Shekar Naldu
||. 5924 of 2O24 M/S. Tirumala, Gramit,es
|2. 14886 of2022 M/s. Rohith Minerals
|5. |6592 of2O22 Chinma,yi Grahit,es
|4. |7075 ofaO22( V. Nana,da, Reddy
|5. |85O9 of2O2a A. Nagaraju Gowda,
|6. |8526 of2Oa2 R. Shiva Shankam
|7. |8555 of2OP.2 S.K. Thanmalah
|8. |8558 of2O22 S.A. Murfuedu
|9. I 57577 of2O22 Oh. Venkateswarplu
aO. a55O4 of 2Oa2 M/s.a.S.K.Export
a1. 58659 of 2022 a. Ravi
22. |85O4 of8022 S.K. NaJgaLT’atan
/en
a
HCJ & RRR,J
W.P.No.19459 of 2022 & batchDetafls of the WIlit Petit,ioneps who have chauenged a.O.Ms.No.15 &
a.0.Ms.No. l4:
Sl.No. Writ Petition No. Name of the Writ Petitioner
i. 2856 of 2O25 M/s. Sri Sat R Sand & M Sand
2. i 7547 of 2O22 M/s.Global Mines 8e Minerals
5. 2528 of2O25 Sri S. Srikanth Ready
4. I 7528 of 2Oa2 M/s.Global Mines & Minerals
5. I 7358 of 2O22 M/s.Global Mines 8e rmnerals
6. |752O of2O22 M/s.Global Mines & Minerals
7. |8O56 of2022 M/s.S.S. Crusher
8. |84O6 of2O22 M/s.Vara,siddi Vinayaka, Minerals
9. |8595 of2022 M/s. Varasiddi Vina,yaka Minerals
|O. |86|2 of2O22 Smt. a. Jayanthi
||. |8647 of2O22 Smt. a. Ja.yanthi
|2. I 8824 of 2O2.2 a. Ready Bhaska1`
|5. |885| of2O22 M/s. Vaapaahi Minerals
|4. |8854 of2O22 M/s. Vapasiddi VinaJyaka Minerals
|5. 2O|48 of2O22 Saradhi Minerals and ProcessoI’S
|6.|7.|8.|9.2O.21.2 .25. 2|272 of2O22 a. Reddy Bhaskar
2|419 of2O22 Y. Spikanth Ready
2|59O of2O22 Y. SI`ikanth Ready
2|599 of2O22 Sri Sad Venkat,eswara Stone Crushers
22|18 of2O22 K. Sreekanth
59745 of2O22 M/s. Priyanka, Minerals
4O525 of 2O22 M/s.The AIshwarya, Trit,al La,bour Copt,pact
Mutually AIded Co-operative Society Limited
4O529 of2O22 M/s. Lakshmi ST Miring and Lea,sing Labour
Contra,ct Mutually AIded Co-opera,live
Society Limited.
8. The contentions of the petitioners, in this batch ofcaJSeS, ape
as follows:
a
I. HCJ & RRR,J
W.P.No.19459 of 2022 & batcha,) The l957 Act does not provide for gpaJnt OfquaPry leases by
waJy Of auction. Section l5, of the l957 Act, under which the powe’p of
regula;ting gI`aJnt Of lea,SOS, Of minor minerals, iS COnfePPed On the State,
does not empower the sta,te to chaJnge the System Of grant Of leases,
much less by waJy Of auction.
b) In aOl4, the i957 Act waJS a,mended, by Pa,I`liament, for
gra,nt of mining oI` qua,ray lea,SeS through the a,uCtiOn Process in relaJtiOn
to mineI`a,lS, Other tha,n minor rnineralS. These a,mendments did not
Provide for qua,Pry leases Of minor minera,lS, tO be gI’anted through an
a,uction process. In such a caJSe, PPOViding for an aJuCtiOn Process, by
alnendment Of the l966 Rules, would a,mount to expa,nsion of the scope
of the power of t,he State, beyond wha,t is provided under the I 957 Act.
c) Rendering all pending applications inengible, a,nd returning
the deposits made by the applicants, by virtue of the a,mendments,
would meaJn that these amendments are retrospective in natuI`e. The
Hon’ble Supreme Court in the case of FedeI’atiOn Of Indian Mineral
Industries and Ors., vs. Union of hdia, and Ors.,i, in paI`agPaJPh-28, ha,d
held that Section 15 of the l957 Act empowers the Sta,te Government to
maJke Rules for regula,ting grant of leases in respect of minor IninePalS,
but such provision does not empower the StaJte Governm.ent to frame
any Rule with retr`ospective effect. Consequently, substitution of Rule
1 (2017) 16 SCC 186
10 O
HCJ & RRR,J
gr’` W.P.No.19459 of 2022 & batchl2(2) of the l966 Rules, with retrospective effect, is beyond the power
granted under Section l5 oft,he l957 Act.
a) Un-amended Rule l2(5) emphaJSiZeS that the applicants
have a vested right fort era,nt of miring lease, once their a,ppnca,Lion is in
opqer. Voiding such a vested rigr}t, would amount to retrospective
legisla,lion which is not permissible in view of the a,hove mentioned
judgment of the Hon’ble Supreme Court.
e) The Minor Minera,I (Auction) Rules, 2Ol5 (fop short {the
2015 Rutes’) framed under section l3 of the l957 Act protects the
vested rights of the applicants fol` major minerals where they ha,ve
completed reconnaissa,nee a,nd prospecting opera,lions a,s per section
lO,-A(2) of the l957 Act. A similar amendment would be necessary fop
minor minerals. As no such provision is a,vailaJble, Sa,Vine the
a,pplica,lions of persons, whose leases have been recommended, I’enderS
the amendment invaJlid.
I) In the norma.I course, it is the a,pplicants, who pay the cost
and effort fop identification of areas, which ha,ve mineI`alS, and
thereafter apply fop grant of quaI`ry lease. This fact waJS aJCThowledged
in the un-amended Rules aJS qua,Pry lea,SeS would be given tO those
Persons, Who haJd a,PPPOa,Ched a,I the earliest point of time. The
impugned a,mendment takes a,way this cushion aJnd WOuld amount tO an
arbitrary dehia,I of cost a,nd effoI`t Put in by the a,PPfiCantS.
I.
(,. ….I
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® W.P.No.19459 of 2O22 & batch
g) The graJnt OfleaJSeS in respect Of the era,rite iS now governed
by Granite Conservation a,nd Development Rules (GOD Rules), l999.
These Rules override the l966 Rules and as such aJuCtiOn Of granite
lea,ses, without complying with Rule 5(h) of GOD Rules l999, is illegal.
Simila,Ply, auction of marble leases, would faJCe the SaJme defect Of
violating the MaJrble Development a,nd Conservation Rules, 30Oa.
h) The exclusion of Mutually AIded CooperaJtiVe Societies from
paJrtiCiPa,ting in the aJuCtiOn Process under the Auct,ion Rules, aOa2,
issued under a.O.Ms.No.14 dated l4.O5.2O22, is without a,ny rationale
aJnd Such exclusion iS diSCriminaJtOry a,nd unCOnStitutiOna,I.
i) The requirement of furnishing a security deposit of thI’ee
times the aJnnual dead rent,, in Cash, iS not Pea,SOnaJble and would ha,ve to
be struck dol^m aJS an a,I`bitra,ry a,CtiOn. The purpose of a, security deposit
is to enforce the conditions of the lea,se aJnd the Provisions Of the 1957
Act a,nd the I`uleS made thereunder. For such purposes, furnishing a,
ba,nk gua,rantee or fixed deposit receipts would be sufficient.
i) The implementation of the amended Rules shows tha,t there
aJPe Va,Pious la,Cunae a,nd giving un-CananZed power tO the Officers, Which
is being misused. In such cipcumsta,noes, the said Rules requille tO be Set
aside.
12
HCJ & RRR,J
a
€t W.P.No.19459 of 2022 & batch
9. The State has filed aJ COunter affidavit in W.P.No.l4827 of
2022 a,nd the same counter is adopted by the respondents in a,ll other
WTi.t Petitions. The content,ions of the respondents ape a,s follows:
a) The a,uction Rules, 2O22 aI’e Procedural in nature and do not
aJffeCt the rights Of the existing lease` holders. The Rules aim to auction
mining areas tha,t were not leased out ea,rliep, a,n’d aJS Such, the existing
a,ppncations can be made ineligible in aJS much aS the aPPnCantS dO not
ha,ve a vested right fop grant of qua,pry lease.
b) The applicants, whose applica,lions, ha,s now been rendered
ineligible, do not ha,ve any vested right for grant of lease. In fact, no
consideration has been PaJid nor any VeSted right Was COnferPed On the
applica,nts. As such, the rejection of applica,lions, does not a,ffect t,he
VeSted rights Of any a,PPliCa,nt tO a,PPrOa,Ch this Court.
a) The Auction Rules, 2022 do not, in any ma,nnep, contradict
any PPOviSiOn Of the 1957 Act,. Section l5 of the l957 Act grants
authority to the Sta,te Govelmment tO issue neCeSSa,ry Rules fop
pegula,lion of grant of quarry leases. The policy decision of the state
Government to grant quarry lea,ses only by way of a,uction would fall
Squarely Within the aJuthOPity gra,nt,ed to the State Goveprment under
Section l5 of the l957 Act. ,
/
I
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HCJ & RRR,J
irii. W.P.No.19459 of 2022 & batchConsidepa,lion of the Court:
lO. The cha,llenge to a.O.Ms.No.l5 and a.O.Ms.No.14 falls into
t,wo categories. Firstly, the power to cha,nee the system of grant of
leases, fop minor minerals, from first-Gum-flI`St basis, tO an auction
ba,sis is beyond. the power graJnted tO the States, undeI` Section l5 of the
l957 Act. Secondly, pendeping all pending applications, for era,nt of
leaJSeS, WOuld ma,ke the aJmendmentS PetPOSPeCtiVe in na,tune a,nd Sa,me
is not permissible in view of the Judgment of t,he Fedella,lion Of Indian
MineI’al industries and OI’S., VS. Union of mdia, and Ors.
l1. The petitioners contend thaJt the l957 Act stipulaJteS the
procedure for obta,injng minera,I concessions, in I’eSPeCt Of any land,
under Section lO of the l957 Act. {tMinepa,1 Concession” haJS been
defined, under Section 5-A to 5-E to include miring leases. Thj.s
provision stipulaJteS t,ha’b On receipt, Of an aPPHca,Lion, undeI` Section lO
of the 1957 Act, the State Gover’nmeut may, ha,vine regard to the
provisions of the 1957 Act and any Rules maJde there under, gI`ant Or
I’efuSe tO graJnt the COnCeSSiOn. The 1957 Act was amended in 2Ol5,
with effect from la.ll.2O15, whereby Section lO-A to Section lO-a,
were inserted. However, Section lO-a of l957 Act wats rePea,led by the
subsequent a,mendment by Act l6 of 20al. Section lO-B(5) of the l957
Act stipulates tha,t the Centra,I Gove`rrment caJn Prescribe teI’mS and
conditions of the procedure for conduct of auction for selection of the
Ei= a
14
HCJ & RRR,J
a
W.P.No.19459 of 2022 & batchlessee. Section 10(B)(7) also stipulated that the Slat,e Goverrment
would gra,nt a mining leaJSe tO aJn a,PPHca,nt who would be selected in
aJCCOrdanCe with Section lO-B. This effectively means tha,t a,ll minerals,
except cases fa,lling under Section l7-A op minera,ls specified in paJrt-A
and Part-B of fiI`St SChedule, subject to some conditions shall not be
granted except by way of a,uction. Sect,ion lO-B(i) renders all pending
a,ppncations ineligible a,ll a,pplications pending aJt the time When thea.mendment Act lO of 2O 15 ca,me into effect.
l2. The case of the petitioners is that, parliament ha,a to
undertaJke a,n ela,boI`atiVe exercise tO mend the provisions of the l957
Act to bring in a, regime of auctiohing the minera,I concessions.
However, no such provision was maJde, by an amendment tO the l957
Act, for Spa,nt of mineral concessions/leases for minor lnineralS. This
world mea,n tha,I, no cha,nee in the system of graJnt Of lea,Se Was
COntemPla,ted by Parnament, a,S fa,I` aS minor lninePals a,I`e COnCePned.
Consequently chaJnging the System Of Spa,nt Of leases, ty Way Of
amendment of the rules, is not permissible.
l5. These contentions ape not supported by a,ny of the
PPOviSiOnS Of the l957 Act. In fact, these contentions pun contrary to
the pI’OViSiOnS Of the l957 Act. Section l4 of the l957 Act, extracted
here, explicitly excludes the provisions of section 4 to l5, in pela,lion to
minor minerals. Section l4 reaJdS aS follows:
I/
a 15
® HCJ & RRR,J
W.P.No.19459 of 2O22 & batch
Section l4:
{{Wit,bin six months from the da,te of receipt, of t,he geological
report from the holder of the explopa,Lion licence, the Central
Government, op the State Government shall initiaJte the aJuCtiOn
process for grant of one or more separat,e mining leases under
section lop or Section ll or section llD, a,s t,he ca,se may be,
in respect of the area, where existence of mineral content is
esta,blished and shall select the preferred bidder for grant of
such mining leases withj.n one year from t,he da,te of receipt of
the geological r’eport:
provided that in case I,he ppeferI`ed bidder iS not Selected
within the period so specified, tlhe Sta,I,e Government, shall pay
i,o trio peI`SOn Who Wats the hOld’er Of eXPIOraJtiOn licence Such
amount, and in such manneI`, a,S ma,y be Prescribed.”l4. The Hon’ble Supreme Court,, in D.K. Trivedi and Sons Vs.
St,aJte Of Gujarat,2 while deaJfin-§ with Section l5 of the i 957 Act a,nd the
Rules made theI`eundeP haJd held a,S follows:
82. There is no substance in the contention that no guidelines are
provided in the l957 Act for the exercise of the rule-making power
of the Sta,te GoveI`nmentS under Section l5(1). As mentioned
earlier, Section l5(i) is in par¥’ JHaJGLr¥’awi.th Section l5(I). Sect,ion
l5, however, contains sub-section (2) whj.ch sets out the particular
ma,tters with respect i,o which the Cent,rat Government, ma,y make
rules “In particular, and without prejudice to the geneI’ality Of t,he
foI’egOing power”, that iS, t,he rule-mamng Power COnfeITed by Sub-
sect,ion (i). It is well. settled tha,t where a, st,aJt,ut,e COnfeI’S Particular
powers without, prejudice to the generality of a general power
alrea,dy conferred, the particular powers are only illustra,tive of the
general power and do not, in any way I`eSt,riot the general power.
Section 2 of the Defence of India, Act, i 959, as amended by Section 2
of i,he Defence of India (Amendment) Act, I 94O, confeITed upon the
Central Government, the power to make such rules as appeaI`ed tlO it,
“t,o be necessary or expedient, foI` Securing i,he defence Of BI’itiSh
21986 (Supp) Sac aO
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W.P.No.19459 of 2022 & batch
India,, the public safety, the matnteDanCe Of public order or the
effilcient prosecution of war, or fop matDtaifung Supplies and
services essential to the life of the community”. sub-section (2) of
Section 2 conferred upon the centI’al Goverrment the power to
Provide by rules Or tO empower any authority tO make Orders
PI’Oviding for Various ma,tt,eps Set Out in i,he Said Sub-Section. This
power Wats eXPr>eSSed by the opening WOrldS Of the Said Sub-Section
(2) to I,e llWithout prejudice .to the gerlepality of the powers
corfepred by sub-sectiofl (I)”. InJZfiapg’ |FmpGj7Oj’V. fI-Z2ma£j2
j}azzG,/t'[AIR l945 PC l56, leo : (1944-l945) 72 IA 84l] the
Judicial Committee of the Privy Council held (at pp. 258-59):
ttln the opihioD Of Their Lordships, the function of sub-section (2) is
merely an illustrative one; the rule-malmg power is confeITed ty
subsection (i), and tthe rules’ which are refeITed tO in the OPehing
sent,eDCe Of Sub-Section (2) are the rules which ape a,uthopized by,
and made under, sub-section (i); the provisions of sub-section (2)
alle not restrictive Of Sub-Section (i), aS, indeed, iS eXPI`eSSly stated
by the words twithout pr»ejudice to the geneI`ality Of the powers
coDfePred by Sub-Section ( I ) . ”
The a,hove ppoposit,ion of law has been a,ppI`OVed and a,CCePted by
this Court in Cm fraZrasti v. ZZm’C,z2 OfJz2CZZ’a I(l97O) 5 Sac 942, 944-
5] and 6fr’vjZZ’J’Pa/ 6:£z2g:Zz v. V T7 C7I’rr’. I(l97O) 2 Sac 567 : AIR l97O
SC 2O97 : (l971) 2 SCR l97, 224-5]
55. A provision similar to sub-section (2) of Section 15, however,
does not find place in Section l5. In our opinion, this makes no
difference. lThat sub-section (2) of Section l5 does is to give
illustrations of the matters in respect of which the centI’al
Government can make rules for t’regulating the gllant Of PrOSPeCting
licences and`mihing leases in I’eSPeCt Of mineI`alS and for Purposes
connect,ed therewith”. The opening clause of sub-section (2) of
Section l5, namely, “In particular, and without prejudice t,o the
generality of the foregoing power”, InakeS it Clear thaJt the topics Set
out iD that Sub-SeCtiOfl are alPea,dy included in the geneI’al Power
a 17€ HCJ & RRR,J
W.P.No.19459 of 2022 & batchconferred by sub-section (I) but are being listed to particularize
them and to focus a,ttention on them. The paJrt,iCular ma,tteI’S in
respect of which the cent,rat GoVeI`nment Can make Pales under Sub-
section (2) of Sect,ion l5 are, theI’efOre, also ma,tterS with respect tO
which under sub-sect,ion (i) ‘of Section l5 the Sta,te Governments
can make rules fop ‘{regulating t,he gllant Of quarry lea,SeS, miring
leases or other mineral concessions in I`eSPeCt Of minor mineI’alS
and for purposes connected therewith”. l^Then Section l4 diI’eCtS
that ¢tThe provisions of Sections 4 t,o l5 (inclusive) shall not a,pply
to quarry lea,ses, mining lea.ses or other mineral concessions in
respect of minor minerals”, what is intended is that the ma,tteps
contained in t,hose sect,ions, so far a,s they concern minor minerals,
will not, be controlled by the Central Gover’nment but by the
concerned Sta,te Government by exercising its I’ule-making Power
a,s a delegaJte Of the Central Government. Sections 4 to 12 form a,
group of sections undeI` the hea,ding “GeneI`al reStriCti.OnS ‘On
undeptahig prospecting and miring opeI`atiOnS”. The exclusion of
the a,pplication of these sections to minor miner’als mean.s that these
restrictions will not a,pply to minor minerals but the,I, it is left to the
Sta,te Govemments to prescribe such restrictions as they think fit
by rules ma,de undeI` Section l5(i). The reason fop treating minor
minerals differently from minerals other than minor minerals is
obvious. As seen from t,he definition of minor minerals given in
cia,use (G) Of Section 5, they are mineI’alS Which are mostly used in
local area.s and fort local purposes while minerals other than minor
minerals are t,hose which are necessary foI’ industrial development
On aJ national SCale and for the economy Of the COuntr’y. Tha,t is why
matters I’elating tO minor minerals ha,Ve been left by Parliament to
the State Governments while reserving ma,tiers relating to mineI’alS
other tha,n mi.nor minerals to the Central Government. Sections 15,
l4 and 15 fall in the group of sections which is heaJded t{Rules for
regula,ting the grant of prospecting licences and miring lea,ses”.
These t,hree sections have to be read together. In providing thaJt
Section l5 will not a,pply to quarry lea,ses, mining lea,sos or other
mineral concessions in respect of minor minerals wha,t wa,s done
was t,o take a,wa,y from the CentI’al Government the power to make
rules in respect of minor minerals and to confer the,t power by
18
® HCJ & RRR,J
W.P.No.19459 of2022 & batch
SectioD l5(I) upon the Sta,te GovellnmentS. The ambit of the power
under Section l5 and under Section l5 is, however, the same, the
only difference being that in one ca,se it is the central Goveprment
which exercises the power iD respect Of minerals other than miDOP
minerals while in the other case it is the sta,te Goveprments which
do so iD respect Of minor minerals. Sub-section (2) of Section l5
which is illustrative of the geDeral Power COrferred by Section
l5(I) cofltains sufflCieDt guidelines fop the state Goverrments to
follow ifl framing the rules uDder Section l5(I), and in the same
way, the Sta,te Goverrments halve before them the restrict,ioDS and
other matteI’S Provided fop in Sections 4 to la while framing their
Olnm rules under Section I 5(I).
15. The aJfOreSaid View Of the Hon’ble Supreme Court, foptifles
the view of this court, that the state Govemment has the power, under
Section 15 of the l957 Act, to cha,nee the method of grant of leases, in
relaJtiOn tO minOI’ minerals.
l6. Evenifthe provisions of section lO-A to lO-a ape to be taken
into account, it would not affect the outcome of these writ Petitions. The
l957 Act, did not provide fop any paI’tiCular method or system fop
granting rninera,I concessions fop minoI` minerals. The method of
Spa,nting mineI`al COnCeSSiOnS fop minOI’ minerals, on a, first-Gum-first
serve basis wa,s not stipulated under the provisions of the l957 Act.
This system wa,s brought into effect under the l966 Rules. Once, it haJS
been accepted that the State Government, by way of Rules, ma,de under
Section l6 of I 957 Act, could establish a, system of first-cur-first serve
ba,sis, fop glla,nt Of leases a,nd a system of priority a,mong the four
a 19
HCJ & RRR,J
{ w.p.No.19459 of 2022 & batch
categories mentioned above, it ca,nnot be said that the State does not
ha,ve aJny further Power tO Change a System Which Was bllOuglt in, by
wa,y of the very same I`uleS. The petitioners, except stating that the
Sta,t,e does not ha,ve power to change the syst,em of gpo,nt of minera,I
concessions, for minor minera,ls, have not pla,ced aJny material before
this Court, in Support Of Such aJ COntentiOn. The petitioners, rely upon
the chaJnge in the manner Of gra,nt Of mineral COnCeSSiOnS tO the
minerals specified in Section lO-A to lO-a to contend that, tha,i is the
only method in which t,he system of gI`a,nt Of mineI`a,i COnCeSSiOnS Can be
changed. This Court fop the afopesald reasons, rejects this contention.
l7. The second gpolmd of the petitioners is thaJt t,he Rules would
ha,ve to be t,pea,ted to be retrospective as they a,ffect pending vested
I`ightS Of the Petitioners. The said vested right being the right to being
Spa,nted aJ lea,Se, by Virtue Of the aJPPnCatiOnS ma,de by the Petitioners.
l8. The Hon’ble Supreme Court in the ca,se of FedeI`a,lion Of
Indian Minelbal Industries and Ors., vs. Union of India, and OI’S., had in
pa,pagra,ph 28 , held that the provisions of Section l5 of the 1957 Act
do not empower state Governments to frame rules with petI`OSPeCtiVe
effect, in the following maJnneI`:
28. On the faJCtS before uS, it, iS Clear that Section l5 of the
MMDR Act empowers the State Government to make ru1.es for
regulating the grant of quarry lea,ses, miring lea,ses op othell
mineral concessions in respect of minor minerals and for
purposes connected t,herewith. This sect,ion does not specifically
20 O
(I HCJ & RRR,J
W.P.No.19459 of 2022 & batchor by necessary implication empower the sta,te GoveI`rment tO
frame any rule with retrospective effect,. AIso, the MMDR Act
does not confer any speciflC Power On the Sta,te GoveI’rment tO
fictionally create the. DMF deeming it to be in existence from a.
da.te earlier than the da,te of the notifilcation establishing the
DMF. TheI’efOre, it must follow that under the provisions of the
MMDR Act that we ape concerned with, no state Goveprment
has the power to frame a rule with retllOSPeCtiVe effect Or tO
area,te a deeming fiat,ion, either specifically or I,y necessary
intendm ent.
l9. The question tha,I now remains before this court is whether
the Rules would become retI`OSPeCtiVe, by Virtue Of PendePing the
Pending a,PPnCa,tiOnS Of the Petitioners ineligible.
20. The petitioners contend tha,I the Rules clearly stipulate that
the Sta,te Government, under these Rules, has no choice except to gra,nt
a, mineral concessions, to the aJPPliCaJtiOn, Who iS first in nne, if the
aPPHcation of the appncant, meets all the requirements. The petitioners
contend tha.I in view of the language of the Rule, the applica,nts have a,
VeSted I`ight Of graJnt Of the minellal concession.
2l. Section lO(I) reads aJS follows:
tt I O. [Appfica,tion foI’ minellal COnCeSSiOn.]-
(I) An a,pplication fop a [mineral concession]] ifl respect of any land
ln which t,he minerals vest in the Govepnmeflb shall be made to the
State Government concerned in the ppescpibed form and shall be
a,CCOmPanied by the prescribed fee.
(2) Where an applica,lion is received under sub-section (I), there shall
be sent to the a,pplicant an aclmowledgment of its receipt within the
Prescribed time and in tne prescribed form.
O 21
(rr HCJ & RRR,J
W.P.No.19459 of 2022 & batch
(5) On receipt, of an application under t,his section, the St,a,te
Government may, ha,vine Ilegard tO the Provisions Of I,his Act and any
rules ma,de thereunder, grant or r’efuse to grant the [permit, licence op
lease].
(4) Notwithst,ending anythillg COntalned in this Section, nO Person
shall be eligible to make an aJPPliCatiOn under this Section unless–
(a,) he has been selected in accordance with the procedure specifiled
under 5[sections lop, lOBA, I I, llA, I lB or llD];
(b) he haJS been Selected under the` Coal Mines (Special) Provisions
Act, 2015 (I i of ?.Ol5); op
(a) an area, ha,s been reserved in his favour under’ section i 7A.]”
?2. Section lO(5) of l957 Act gives discretion to the Sta,te
Government to gllaJnt Or refuse tO era,nt the minera,I concession, halving
regard to t,he provisions of the Act aJnd the rules maJde theI`e under. The
word ‘{maJy” iS Sufficient tO hold. the,I the discretion Of the Sta,te
Government to era,nt or I`efuSe a. minera,I Concession, tO aJn a,PPliCamt, iS
wide enough to empower the st,aJte Govemment to reject a,pplications
for a,ny I`ea,SOnS inCludi’ng the nOn COmPlia,nee Of the Provisions Of the
Act a,nd Rules. In view of the a,foresald provision, the applioa,nt does not
ha,ve any vested right, for a grant of a mineral concession on the ground
that he ha,a made a,n a,pplication which meets the requirements of the
l957 Act and the Rules made there undeI’.
'O
22
{ HCJ & RRR,J
W.P.No.19459 of 2022 & batch
25. The Hon’ble Supreme Court while dealing with a similar
situa,lion, ha,a held in State of Ra,jasthan and otheI`S Vs. Shaowan
Kumar Kumawa,t,5 in paJPagraPh I 7, a,s follows:
l7. It is far too set,tied that there is no right vested over an
a,pplication made which is pending seeking lease of a Government
land op over the mineraJIS beneath the soil in any type of land over
which the Government ha,s a, vested right and regulatory control. In
other words, a, mere filing Of an application iPSO fa,CtO does not CreaJte
any right. The power of the Government to anend, being an
independent one, pending a,pplica,lions do not come in the wa.y. For a
right to be vested thelle has tO be a Statutory reCOgDitiOn. Such a,
right has to accrue and any decision will have to create the resultant
injury. when a decision is taken by a competent authority in public
interest by evolving a bet,i,er process such as auction, a I’ight, if any,
to an applicant seeking lease over a Government land evaporates on
its our. An a,pplicant cannot have an exclusive right in seehing aJ
grant of license of a mineral unless facilitat,ed accordingly by a
sta,tut`e. Sta,te of Tamil Na,du v. Hind Stofle & Others, (l98l) 2 Sac
2O5:-
” l5. Another submission of the learned counsel in comect,ion with
the coflsidepa,lion of appncations fop renewal was that a.pplications
made sixty days op more before the da,te of a.0.Ms No. l612
(December 2, i 977) should be dealt with a,s if Rule 8-a ha,a not come
into force. It was also contemded that even applications fop grant of
lea,ses ma,de long before the date of a.O.Ms No. l512 should be dealt
with as if Rule 8-a had not come into force. The submission wa,s that
it was not open to the govemment to keep applica,t,ions fop the grant
of leases and applications foI’ I’eneWal Pending fop a, long time and
then to reject them on the basis of Rule 8-a notwithstanding the fa,ct
that the a,pplicatiofls ha,a beefl made long prior to I,he date on which
Rule 8-a came into force. lnmile it is ttlue that such applications
should be dealt witJh within a, Pea.SOnable time, it camot on that
a,ccount be said that the I`ight tO have an application disposed Of in a,
res,sonable time clothes an a,pplicant for a lea.se with a right to have
the appucation disposed of on the basis of the rules in force aJt the
t,ime of the makiflg of the applicat,ion. No oDe has a VeSted right to
the grant op renewal of a, lease and none can claim a vested right to
have an a,pplicatiofl for the grant op renewal of a lea,se dealt with ifl
a, particular way, by applying particular provisions. In t,he a,bseflce
of any vested rights in aJnyOne, an application fop a lea,se has
necessarily tO be dealt with a,ccopding to the rules in force on the
3 ao25 Sac OThe 898
®
23
HCJ & RRR,J
W.P.No.19459 of 2022 & batchdaJte Of t,he disposal Of t,he a,PPliCatiOn despite the fact tha,t, there iS a,
long delay since the mahing of the application. We are, t,here fore,
usa,ble to a,ccept I,he submission of the learned counsel thaJt
aJPPnCa,lions for the grant Of renewal Of leases made long prior to the
date of a.O.Ms No. l512 should be dealt, with aJS if Ru1.e 8-a did not
exist.),
24. It maJy also be nOt`ed thaJt the amended Rule 9, while
rendering pending applica,lions ineugible, ha,d a,lso saved those
a,ppnca,lions which ha,ve been accepted in-principle. The la,ngua,ge of
Rule 9 places aJPPliCatiOnS into two Ca,t,egOI’ieS. The first category is tha,t
those a,pplications which aJre Processed aJnd aJCCePted, in-Principle,
subject, to fuI`niShing neCeSSa,ry Cleapa,noes, documentaJtiOn and dea,d
rent/security deposit. The second category is that all those a,i,plica,Lions
which do not fa,ll into the first ca,tegopy. It is only the fiI’St Category Of
applica,lions, t,hat ca,n claim a, vested right in as much a,s the competent
authority ha,d taken a,n in principle decision of grant of minera,I
concession. Since the a,mended Rule 9, sa,ves all applications which
ha,ve peaJChed the Sta,ge Of iSSuanCe Of letter of int,ent, it cannot be said
tha,t t,he a,mend.ed Rule 9 is I`etPOSPeCtiVe.
25. In the a,fopesaJid CirCumStaJnCeS, it must be held thaJt the
Rule, mahing pending appncaJtiOnS ineligible, iS not retI`OSPeCtiVe but
only prospective .
36. The petitioners also contend that the GraJhite ConservaJtiOn
Development Rules (Granite Rules), i 999 aJnd the Ma,rble Development
24
HCJ & RRR,J
W.P.No.19459 of 2O22 & batcha,nd Conserva,lions Rules (Marble Rules), 2OO2 issued by the centra,I
Government, have precedence over the l966 Rules a,nd in the event of
any conflict between l966 Rules a,nd these two pules, it would be the
l966 rules which would ha,ve to give way. It is contended that the
Gpa,hite Rules and the Marble Rules occupy I,he entire field of regulation
of granting minepaJI COnCeSSiOnS for these two minerals, and a,S Such,
the amended l966 Rules would not a,pply.
27. The issue of conflict between t,he Rules would arise only
When these Rules a,re not able to opeI`ate together. Neit,her the GpaJnite
Rules noI’ the Marble Rules provide the manner’ in which leases are to
be granted. These rules dea,I with the maJnner in Which the mirfug op
exca,vation activity is to be carried out and leaves the area, of I’egula,lion
of grant of lea,see for these minerals, to the pules, under section l5 of
the l957Act. In the cipcumsta,noes, there is no conffict between the
Granite Rules a,nd Marble Rules on one hand and the l966 rules on the
other hand. In the a,bsence of such a, conflict, the l966 rules would
continue to opera,te, even in rela,lion to I`egulatiOn Of grant Of minePa.I
COnCeSSiOnS for Spa,nice and marble.
28. Some of the petitioners halve COntended that the Mutually
AIded CooperaJtiVe Societies have been excluded, from par’ticipating, fop
grant of mineral concessions, under the Auction Rules, 2O i 5. A reaJding
of a.O.Ms.No.l4 does not make out any such case. The a,uction rules
25
rlCJ & RRR,JW.P.No.19459 of 2022 & batch
infact,, gives, a,dditional benefits to Local Societies. The definition of
Loca,I Societ,y, contained in rule 2(h) of A.P. Minor Mineral Rules, 2O22
includes Mutually Aided Co-operative Societies. In such circumst,ances,
the sa,id contention is bereft of merit a,nd is a,ccordingly rejected.
29. ApaI`t from the a,hove, `bhe Petitioners COntend tha,t the
requirement of fuI`niShing three times the annuaJl dead rent, in Cash, a,S
security deposit, is not only arbitr’aJry but a,lSO viOlaJtiVe Of Section 9A of
the 1957 Act which stipulates tha,t deaJd rent/royalty CaJrmC,I be
increased more tha,n once in a three yea,I term.
5O. The petitioners have not placed any matepiaJl before the
Court +uo demonstpa,te tha,I there waJS increase in the deaJd rent/rOya,1ty
in the three yeaJrS before t,he iSSua,nee Of a.O.Ms.No. l5 or a.O.Ms.No. l4.
In the a,bsence of aJny Such material, it Cannot be Sa,id thaJt the inCreaJSe
of security deposit, t,o three years deaJd rent, would a,mount tO an
incpeaJSe Of Premium. The question of whaJt WOuld be a, reaJSOnaJble
aJmOunt aJS Security deposit and What would be the form Of Security
deposit a,re ma,tters of policy which would have to be left to the
discretion of the competent aJuthOrity. It would not be a,ppI’OPPia,te for
this Court, to substitute its judgment for determining, what would be a
reaJSOnaJble security deposit.
26
HCJ & RRR,J
W.P.No.19459 of2O22 & batch
3l. The pet,itioners contend that t,he amended rules a,pe being
lniSuSed by the OffiCia,lS a,nd Should be Set–aside. The possibinty of
misuse oI` even a,Ctua,I misuse Ca,nriOt be aJ gPOunCl fop Setting a,Side a
staJtutOry Rule. Even otherwise the pet,it,ioneps have not shorn any
specific insta,nee of such misuse. Accordingly, this content,ion ha,s t,o be
I]ejeCt,ed.
5a. For a,1l the aforesa,id r’easons, tlhe present, batch of wI’it
Petitions are dislniSSed. TheI’e Shall be no order as to costs.
As a sequel, pending miscella,neous petitions, if any, shall stand
closed. Sd/-K. SRINIVASA RAJU
ASSISTANT REGISTRAR
//TRUE COPY//
FLi€ ECTife#OOFFICER
I SECTION F FI CER
To,
1. One CC to M/s Uttara Legal, Advocate [OPuC]
2. One CC to Sri D Narendar Naik, Advocate [OPUC]
3. One CC to S+ri G Sai Narayana Rao, Advocate [OPUC]
4. One CC to Sri M Venkata Ramana Reddy, Advocate [OPUC]
5. One CC to Sri P Sam Daniel, Advocate [OPUC]
6. One CC to Sri G Sai Narayana Rao, Advocate [OPUC]
7. One CC to M/s Kirth’l Teja Kondaveeti, Advocate [OPUC]
8. One CC to Sri Gaji Srinivas, Advocate [OPUC]
9. One CC to Sri Jyothi Ratna Anumolu, Advocate [OPUC]
10. One CC to Sri Jetti Santhi Kiran, Advocate [OPUC]
ll. One CC to Sri Medapati Santosh Reddy, Advocate [OPUC]
12. One CC to Sri Kamalakara Rao Bathina, Advocate [OPUC]
13. One CC to Sri K Rama Koteswara Rao, Advocate [OPUC]
14. One CC to Sri Hari Sreedhar, Advocate [OPUC]
15. Two CCs to The Advocate General, High Court of Andhra
Pradesh. [OUT]
16. Two CCs to GP for M®lnes & Geology, High Court ofAndhra
Pradesh. [OUT]
17. Two CD Copies
RAM
a
70 ®
HIGH COURT
DATED:20/03/2025
COMMON ORDER
W-P-Nos-19459114827] 14886] 15023,16392] 17073,
18504) 18509]18526,18535] 18538] 21359, 21361,
21362, 23304, 24520, 31569] 37577) 38643,
38659117328,17347) 17358] 17520] 18036,18406,
18595,18612,18647,18824118831,18834, 20148,
21272, 21419] 21590, 21599, 22118] 39743, 40525,
40529 of 2022, 2836, 2528 of 2023, 2691, 5924 of 2024
DISMISSING ALL THE WPs
WITHOUT COSTS
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