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2025:APHC:61189

APHC010644832025

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3458]

(Special Original Jurisdiction)

TUESDAY, THE THIRTIETH DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

WRIT PETITION NO: 34026/2025

Between:

1. R AI BHADUR SETH SHREERAM DURGAPRASAD AND FATECHAND

NARASINGDAS (R B S S D AND F N DAS), REP BY ITS PARTNER,

MANAVEDAR MOR S/O. VISHNU KUMAR AGED ABOUT 44 YEARS,

R/O. GARIVIDI RAJAM MANDAL, VIZIANAGARAM DISTRICT.

...PETITIONER

AND

1. T HE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MINES

AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS,

VELAGAPUDI, AMARAVATHI.

2. T HE DIRECTORATE, MINES AND GEOLOGY DEPT.,

IBRAHIMPATNAM,VIJAYAWADA, A.P.

3. T HE DEPUTY DIRECTOR OF MINES AND GEOLOGY DEPT,

O/O.DIRECTOR MINES AND GEOLOGY, VIZIANAGARAM,

VIZIANAGARAM DISTRICT

4. T HE ASST DIRECTOR OF MINES AND GEOLOGY DEPT,

O/O,DIRECTOR MINES AND GEOLOGY, VIZIANAGARAM,

VIZIANAGARAM DISTRICT

...RESPONDENT(S):

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 any writ, order or direction more particularly one in the nature

of writ of Mandamus to declare the action of the respondents failure to take

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2025:APHC:61189

action on representations submitted by the petitioners to extend the lease for

the gap period of 2 years 19 days taken by the respondents to execute the

lease agreement dt. 21-04-2022 to excavate the manganese in contrary Sec

8(A) of Mines and Minerals (Development and Regulation)Act, 1957 also

contrary to rule 31 of Mineral Concession Rules 1960 and consequently direct

the respondents to execute a fresh lease agreement for the gap period 2

years 19 days taken by the respondents for execution lease agreement dated

21-04-2022 and to pass orders.

IA NO: 1 OF 2025

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 execute the lease agreement for the gap period 2

years 19 days taken by the respondent for executing Mining lease on

consideration of representation of petitioner dt. 24-7-2023, 07-05-2024,

03.07.2024 in terms of the Sec 8(A) of Mines and Minerals (Development

approving and Regulation) Act 1957 also as per the Rule 31 of Mineral

Concession Rules 1960 the mining clamp and other permission pending

disposal of the above writ petition and to pass

Counsel for the Petitioner:

1. DEVI PRASAD MANGALAPURI

Counsel for the Respondent(S):

1. GP FOR MINES AND GEOLOGY

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The Court made the following order:

Heard Sri N.Subbarao, learned Senior Counsel appearing on behalf of

Sri Devi Prasad Mangalapuri, learned counsel for the petitioner and the

learned Assistant Government Pleader for Mines and Geology.

2. The instant writ petition is filed challenging the action of the respondents

in not extending the lease period in respect of gap period as per the provisions

of Section 8A of the Mines and Minerals (Development and Regulation) Act,

1957.

3. It is contended that the petitioner had applied for grant of mining lease

for manganese ore over an extent of 13.868 Hectors in Survey No.124/P

Avagudem village of Gariveedu Mandal, Vizianagaram District. In pursuance

thereof G.O.Ms.No.1497 dated 16.11.1965 was issued by the Government

granting mining lease for a period of 20 years and lease deed was also

executed on 08.03.1968 granting lease upto 07.03.1988.

4. Subsequently, on request of the Steel Plant Authority of India Limited

(SAIL) the Manganese bearing areas in Srikakulam and Vizianagaram District

were reserved in favour of SAIL vide proceedings in G.O.Ms.No.5,Industries &

Commerce Department dated 05-01-1978. On account of the same after lapse

of 20 years the 1^st renewal application filed by the petitioner could not be

processed. However, the Vishakhapatnam Steel Plant vide its letter dated

28.03.1991 informed the Government that they would not be requiring t