APHC010656812022 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: 39197 OF 2022 Between:

1. Manne Goutham Kumar Reddy, S/o. Subba Reddy, aged 30 years, R/o. 7/12, Nehru Nagar, Dhone, Kurnool District, Andhra Pradesh.

...Petitioner AND

1. The State of Andhra Pradesh, 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 Ibrahimpatam, Krishna District, Andhra Pradesh.

3. The Deputy Director of Mines and Geology, Kurnool, Andhra Pradesh.

4. The Assistant Director of Mines and Geology, Kurnool, Andhra Pradesh.

5. The Tahasildar, Dhone Mandal, Kurnool 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 not processing the application of the petitioner in the applied area (application Dated- 18.07.2016) for Quarry Lease for Quartz and Quarzite in Sy.No.702/z at Dhone Village, Dhone Mandal of Kurnool District to an Extent of 8.150 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-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 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 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 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-III) Department dated 04.08.2021 for grant of mining lease for Quartz and Quarzite in Sy. No. 702/z at Dhone Village, Dhone Mandal of Kurnool District to an Extent of 8.150 hectors by following the rules and procedure prevailed prior to the issuance of the above Government Orders Dated 14.03.2022 without considering them to have been rendered ineligible on account of the amended Rule 12(2) of the A.P. Minor Mineral Concession Rules, 1966, 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 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 Quartz and Quarzite in Sy. No. 702/z at Dhone Village, Dhone Mandal of Kurnool District to an Extent of 8.150 hectors by following the rules and procedure prevailed prior to the issuance of the above Government Orders Dated 14.03.2022 without considering them to have been rendered ineligible on account of the amended Rule 12(2) of the A.P.