APHC010688842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3504]

(Special Original Jurisdiction)

TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 35324/2025 Between:

1. Y SATHYAM, S/O. Y. PEDDANNA, AGED ABOUT 56 YEARS, R/O.H.NO.5-231, PALUKURU VILLAGE, BANAGANAPALLE MANDAL, NANDHYAL DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT - 522 238.

2. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT - 522 238.

3. T HE DIRECTOR OF MINES AND GEOLOGY, IBRAHIMPATNAM, NTR DISTRICT - 521 456.

4. T HE DISTRICT MINES AND GEOLOGY OFFICER, NANDHYAL, NANDHYAL DISTRICT- 518 500.

5. T HE DIVISIONAL MINES AND GEOLOGY OFFICER, BANAGANAPALLE, NANDHYAL DISTRICT - 518 124.

6. T HE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, MINOR IRRIGATION WORKS DIVISION, NANDHYAL, NANDHYAL DISTRICT - 518 500.

...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 toPleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in cancelling the NOC issued with respect to land of extent 2.367 Hectors in Palukuru Village, Banagapalle Mandal, Nandhyal District vide proceedings letter No.TW/JTO-2/F. No.A- 77/No.1215M/dated 16.07.2018 by the 6th respondent vide proceedings letter No.TW/JTO.2/521 M Dated 29.05.2025 illegal, arbitrary, one without jurisdiction and in violation of principles of natural justice and consequently set- aside the proceedings of the 6th respondent vide letter No.TW/JTO.2/521 M Dated 29.05.2025 and pass 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 pleased to suspend the proceedings of the 6th respondent vide letter No.TW/JTO.2/521 M Dated 29.05.2025, pending disposal of the Writ Petition and pass Counsel for the Petitioner:

1. C SUBODH Counsel for the Respondent(S):

1. GP FOR IRRI AND CAD

2. GP FOR MINES AND GEOLOGY THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 35324/2025

ORDER:

Heard Sri C. Subodh, learned counsel for the petitioner, Sri Y. Somaraju, learned Government Pleader for Irrigation and Sri P. Ramakrishna, learned Government Pleader for Mines and Geology.

2. Learned counsel for the petitioner submitted that the petitioner made an application dated 17.07.2014 to the 4^th respondent-District Mines and Geology Officer seeking grant of a mining lease with respect to the land to an extent of Ac.5.85 cents in Sy.No.311/3 of Palukuru Village, Banagapalle Mandal, Nandhyal District, for excavation of limestone slab (Black) (in short ‘subject land’).

3. According to the learned counsel for the petitioner, the 6^th respondent issued No-Objection Certificate (NOC) vide Lr.No.TW/JTO-2/F.No.A-77/No.1215M, dated 16.07.2018, in favour of the petitioner, whereby granting clearance for limestone slab (Black), and also by observing that the Assistant Director of Mines and Geology is requested to obtain undertaking from the petitioner that as and when the said land is required for the irrigation and CAD department, the petitioner should vacate the subject land immediately.

4. Sri C. Subodh, learned counsel for the petitioner further submitted that without giving any prior notice to the petitioner, the 6^th respondent straightaway addressed a letter No.TW/JTO- 2/S2119, dated 29.05.2025, to the 5^th respondent whereunder cancelled the No Objection Certificate (NOC) dated 16.07.2018 granted earlier in favour of the petitioner. He specifically asserted that before issuing the impugned letter dated 29.05.2025, no opportunity of hearing was offered to the pe