APHC010037022019 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: 1679 OF 2019 Between:

1. Nishitha Mines And Minerals, Represented by its Managing Partner, Smt.P. Devasena Reddy, W/o. P. Sivakumar Reddy, Age 62 Years, Occ.

Business, H.No.7/ 105, Mittapalem Street, Gudur, 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.25.08.2004 for silica sand over an extent of 82.01 Acs. in Sy.No. 539, 540, 541, 548 (P), 549 (P), 550 (P), 558 (P), 559, 560, 561 and 562 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 Mining lease application of the Petitioner 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 not to grant mining lease to the third parties over the applied area of the petitioner of an extent of 82.01 Acs. in Sy.No.539, 540, 541, 548 (P), 549(P), 550(P), 558(P), 559, 560, 561 and 562 of Ballavolu Village, Chillakur Mandal and Nellore District, Andhra Pradesh State, pending disposal of the writ petition in the interest of justice and pass IA NO: 2 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 mining lease application dt.25.08.2004 of the petitioner over an extent of 82.01 Acs in Sy.No.539, 540, 541, 548 (P), 549(P), 550(P), 558(P), 559, 560, 561 and 562 of Ballavolu Village, Chillakur Mandal and 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.1679 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. 25.08.2004 for silica sand over an extent of 82.01 Acs. in Sy.No. 539, 540, 541, 548 (P), 549 (P), 550 (P), 558 (P), 559, 560, 561 and 562 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 Mining lease application of the Petitioner and pass …..”

2. When the matter is taken up for hearing, Mr.Gowridevi Krishnaiah, learned counsel representing Sri Venkat Reddy Donthi Reddy, learned counsel for the petitioner, submits that in view of subsequent events taken place in the lis, the cause in the writ petition does not survi