*HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

+WRIT PETITION No. 25823 of 2022

Between:

#M/s Sree Kalyana Rama Company ...PETITIONER

AND

$The State Of Andhra Pradesh and Others ...RESPONDENT(S)

JUDGMENT PRONOUNCED ON 07.02.2025

THE HON’BLE DR.JUSTICE K. MANMADHA RAO

1. Whether Reporters of Local newspapers

may be allowed to see the Judgments?

- Yes -

2. Whether the copies of judgment may be marked to Law

Reporters/Journals

- Yes -

3. Whether Their Ladyship/Lordship wish to see the fair

copy of the Judgment?

- Yes -

___________________________________

DR.JUSTICE K. MANMADHA RAO

* THE HON’BLE DR.JUSTICE K. MANMADHA RAO +WRIT PETITION No.25823 of 2022 % 07.02.2025 # Between:

#M/s Sree Kalyana Rama Company ...PETITIONER AND $The State Of Andhra Pradesh and Others ...RESPONDENT(S)

! Counsel for the Petitioner : Sri K. Chidambaram Uttara Legal ! Counsel for Respondents: GP for Mines and Geology

>Head Note:

? Cases referred: 1. 2018 (5) ALD 636 APHC010421002022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3310]

(Special Original Jurisdiction)

FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 25823/2022 Between:

M/s Sree Kalyana Rama Company ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. UTTARA LEGAL Counsel for the Respondent(S):

1. GP FOR MINES AND GEOLOGY The Court made the following:

ORDER :

This writ petition is filed under Article 226 of the Constitution of India for the following relief:

“……to issue a Writ of Mandamus declaring the proceedings No 12697/D8/2017 dated

31.12.2020 issued by the Respondent No 2 to the extent of renewing the quarry lease of the petitioner for a period of 10 years only as against in principle grant of renewal of 20 yrs vide proceedings 12697/R31/2017 dt 10.05.2017, as illegal and arbitrary and provisions of APMMC Rules 1966 r/w Art 14 of the Constitution of India and consequently direct the Respondents to renew lease for period of 20 yrs as mentioned in proceedings 12697/R31/2017, dated 10.05.2017 of Respondent No 2 and pass….”

2. Brief facts of the case are that, initially, the petitioner company was granted mining lease for Mica in the year 1959 in respect of an extent of Ac.362.07 cents in survey Nos. 65, 66, 68 and 71 of Kalichedu village, Rapur taluk, Nellore district, and subsequently the lease was transferred in favour of the petitioner in the year 1961 vide G.O.Ms.No.1467. The lease period was renewed for a period of 20 years vide G.O.Ms.No.142 in the year 1976 and a part of the leased area was transferred to another company in the year 1983 vide G.O.Ms.No.290. The remaining extent of lease was renewed in the year 1999 for a further period of 20 years, vide G.O.Ms.No.316 for a further period of 20 years. It is stated that, the petitioner submitted application dated 28.09.2016 for renewal of the lease for a further period of 20 years as per the Rules in force by then, in respect of an extent of Ac.287.70 cents in survey No.153, 160P, 161, 165 of Kalichedu village, Sydapuram mandal, Nellore district. Pursuant to the said application, respondent No.3 submitted proposals recommending for grant of 3^rdrenewal for a further period of 20 years, and thereupon, respondent No.2 issued proceedings vide No.12697/R3-1/2017, dated 10.05.2017, according in principle approval for renewal of the lease period in favour of the petitioner for a further period of 20 years with effect from 09.12.2017, subject to submission of approved mining plan along with Environmental Clearance (EC) from the Ministry of Environment and Forests (MoEF) and the Consents for Establishment (CoE) from the Andhra Pradesh Pollution Control Board(APPCB). Accordingly, the Mining plan of the petitioner was approved on 29.6.2017 and the time for submission of EC was extended vide letters dated 06.11.2018 and 24.04.2019. Thereafter, the EC was issued by MoEF on 01.07.2020 and CoE was issued by the APPCB on 12.08.2020. However, surpris