APHC010697922022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

MONDAY,THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 41247 OF 2022 Between:

1. Alavalapati Venkata Srinivas Reddy, S/o. Chinna Venkata Reddy, aged 57 years, R/o. 1-12, Lingala Village and Mandal, YSR Kadapa Disitrict, Andhra Pradesh.

...Petitioner AND

1. The State of AP, Represented by its Principle Secretary (Mines and Geology Department), Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh

2. The Director of Mines and Geology, State of Andhra Pradesh office at Ibrahimpatnam, Krishna District, Andhra Pradesh.

3. The Deputy Director of Mines and Geology, YSR Kadapa District, Andhra Pradesh.

4. The Assistant Director of Mines and Geology, YSR Kadapa District, Andhra Pradesh. ...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 or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in issuing auction notification No. 1/KDP/2022 Dated. 18.05.2022 as the auction to be held from 08.06.2022 and on further dates in the applied area of the petitioner for Quarry Lease for Barytes and Dolomite in Survey No.476/1 P and 476/3 at Lingala Village, Lingala Mandal of YSR Kadapa District to an Extent of 04.980 Hectors under the guise of subsequent G.O.Ms.No.13 of industries and Commerce (Mines-Ill) Department dated 14.03.2022 and in G.O.Ms.No.14 of industries and Commerce (Mines-Ili) Department dated 14.03.2022 in consonance with G.O.Ms. No. 65 of industries and Commerce (Mines-Ill) Department dated 04.08.2021 for mandating the payment of Premium Amount (Ten Times Annual Dead Rent) before issuing the Letter of intent (LOI) for grant of leases in contrary to section 15(3) of the Mines and Minerals (Development and Regulations) Act, 1957 and further not issuing mining lease to the petitioner over the subject land despite of No Objection from the Revenue Department as highly illegal, arbitrary, unconstitutional also oppose to Articles 14, 19 (1) (g), of the Constitution of India and also oppose to the verdict of the Apex Court passed in Appeal (Civil) 800 of 2005 Dated. 12.12.2006 consequentially direct the respondents to consider the application of the petitioner dated 11.07.2019 without giving effect to the subsequent G.O.Ms.No.13 of industries and Commerce (Mines-Ill) Department dated 14.03.2022 and G.O.Ms.No.14 of Industries and Commerce (Mines-Ill) Department dated 14.03.2022 in consonance with G.O.Ms. No. 65 of industries and Commerce (Mines-Ill) Department dated 04.08.2021 for grant of mining lease for Barytes and Dolomite in Survey No.476/1 P and 476/3 at Lingala Village, Lingala Mandal of YSR Kadapa District to an Extent of 04.980 Hectors by following the rules and procedure prevailed prior to the issuance of the above Government Orders Dated. 14.03.2022, as well as on 04.08.2022 further stay of all further proceedings pursuant to the auction notification No. 1/KDP/2022 Dated. 18.05.2022 for which the auction to be held from 08.06.2022 and on further dates in the applied area of the petitioner for Quarry Lease for Barytes and Dolomite in Survey No.476/1 P and 476/3 at Lingala Village, Lingala Mandal of YSR Kadapa District to an Extent of 04.980 Hectors in the light of the orders passed in WP No. 38892 of 2022 and WP No. 38895 of 2022 dated 13.11.2022 pending disposal of the lease application of the petitioner pending disposal of the lease application of the petitioner and pass IA NO: 1 OF 2022 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 consider the application of the petitioner dated 11.07.2019 without giving effect