APHC010036992019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

FRIDAY,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 1676 OF 2019 Between:

1. M/s. Sri Sainadh Silica Mines, Represented by its Managing Partner Sri Duvvuru Madhusudhan Reddy Ballavolu Village, Chillakur, Nellore District A.P. ...Petitioner AND

1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Industries and Commerce Department Secretariat, Velagapudi, Amaravathi Guntur District A.P

2. The Director of Mines and Geology, Anjani Towers, Ibrahimpatnam, Krishna District, A.P

3. The Assistant Director of Mines and Geology, Nellore, SPSR Nellore District, 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, direction or order more particularly one in the nature of writ of MANDAMUS declaring the action of the Respondents in keeping my mining Lease application dt. 01.02.2007 for silica sand over an extent of Ac 33.62 Cents in Sy. No. 496, 539 and 560 of Ballavolu Village, Chillakur Mandal Nellore District, Andhra Pradesh State pending without any reasons as arbitrary, illegal, unconstitutional, contrary to the Government orders and violative of principles of natural justice and consequently direct the Respondents to process the quarry lease application of the Petitioner and this Honourable court may pass IA NO: 1 OF 2019 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 dtd.01.02.2007 of the Petitioner over an extent of Ac 33.62 Cents in Sy.No.496, 539 and 560 of Ballavolu Village, Chillakur Mandal 86 Nellore District, Andhra Pradesh State pending disposal of the Writ Petition in the interest of justice and pass Counsel for the Petitioner: VENKAT REDDY DONTHI REDDY Counsel for the Respondents: GP FOR MINES AND GEOLOGY (AP)

The Court made the following order:

HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.1676 OF 2019

ORDER:

The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking the following main prayer:

“to issue a writ, direction or order more particularly one in the nature of writ of MANDAMUS declaring the action of the Respondents in keeping my mining Lease application dt. 01.02.2007 for silica sand over an extent of Ac 33.62 Cents in Sy. No. 496, 539 and 560 of Ballavolu Village, Chillakur Mandal Nellore District, Andhra Pradesh State pending without any reasons as arbitrary, illegal, unconstitutional, contrary to the Government orders and violative of principles of natural justice and consequently direct the Respondents to process the quarry lease application of the Petitioner and this Honourable court may pass …..”

2. The substratum of the writ affidavit is that the petitioner applied for mining lease vide application dated 01.02.2007 for silica sand over an extent of Ac 33.62 Cents in Sy. No. 496, 539 and 560 of Ballavolu Village, Chillakur Mandal Nellore District, and averred several contentions in the writ affidavit.

3. At the time of considering the matter, Sri G.Krishnaiah, learned counsel representing Sri D.Venkata Reddy, learned counsel for the petitioner submits that the writ petition instituted way back in the year 2019. In view of passage of time, the petitioner is presently not in contact with petitioner’s counsel office.

4. On the other side, learned Assistant Government Pleader for Mines and Geology, while drawing the attention of this Court to para No.8 of the counter affidavit filed on behalf of respondent Nos.1 to 3, submits that the 2^nd respondent-Director of Mines & Geology, Ibrahimpatnam, Government of Andhra Pradesh, has issued the order dated 11.0