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2026 Supreme(Online)(AP) 6883

HIGH COURT OF ANDHRA PRADESH
MAHESWARA RAO KUNCHEAM
MS SMT EXPORT – Appellant
Versus
THE STATE OF ANDHRA PRADESH – Respondent
WP 3296/2026



APHC010055332026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

MONDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 3296 OF 2026 Between:

1. M/s.SMT EXPORT, Rep. by its Managing Partner Venkata Shivaram Reddy Narala, Aged 50 years, Occ. Business, D.NO.15-17-308A, Flot No.504, K.V.R.S Residency, Bypass Road, Near Rajpath Function Hall, Khammam, Telangana -507002.

...Petitioner AND

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department, Velagapudi, Amaravati, Andhra Pradesh.522239

2. The Director of Mines and Geology, Ibrahimpatnam, Vijayawada, Andhra Pradesh.521456

3. The Divisional Mines and Geology Officer, Tekkali, Srikakulam District.

532201 ...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 an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the action of the 2nd and 3rd respondents in not granting the quarry lease on the application of the petitioner dated 14-01-2021 to Building Stone, Colour Granite, Morrum/Gravel, Ordinary Earth, Road Metal, Bllast, Rough Stone/Boulders to an extent of 7.000 Hectares in Sy.No.1 of Addukonda Village, Tekkali Mandal, Srikakulam District under A.P. Minor Mineral Concession Rules, 1966 even after all formalities are completed as mandated under rules to grant quarry lease as being arbitrary, illegal, and unconstitutional and contrary to Mines and Minerals (Development and Regulation) Act, 1957 and the rules made there under apart from being of violation of Article 19 and 300-A of Constitution of India.

IA NO: 1 OF 2026 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 pleased to direct the respondents 2 and 3 not to grant quarry lease of the subject area i.e. over an extent of 7.000 Hectares in Sy.No.1 of Addukonda Village, Tekkali Mandal, Srikakulam District to any other third parties, pending disposal of the Writ Petition and pass Counsel for the Petitioner: K NAVEEN KUMAR Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following order:

HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.3296 OF 2026

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 an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the action of the 2nd and 3rd respondents in not granting the quarry lease on the application of the petitioner dated 14-01-2021 to Building Stone, Colour Granite, Morrum/Gravel, Ordinary Earth, Road Metal, Bllast, Rough Stone/Boulders to an extent of 7.000 Hectares in Sy.No.1 of Addukonda Village, Tekkali Mandal, Srikakulam District under A.P. Minor Mineral Concession Rules, 1966 even after all formalities are completed as mandated under rules to grant quarry lease as being arbitrary, illegal, and unconstitutional and contrary to Mines and Minerals (Development and Regulation) Act, 1957 and the rules made there under apart from being of violation of Article 19 and 300-A of Constitution of India, and pass…..”

2. At the time of hearing, learned counsel for the petitioner submits that the writ petitioner’s application was rejected by the 2

nd

respondent authorities vide orders dated 16.09.2025, sought

permission of this Court to withdraw the present writ petition giving liberty to work out his legal remedies by filing fresh writ petition.

3. Permission as sought for is accorded.

4. Accordingly, the writ petition is dismissed as withdrawn granting liberty to the petitioner to work out his legal remedies in accordance with law including by filing fresh writ petition.

There shall be no order as to costs. Misce

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