A writ petition is liable to be dismissed for non-prosecution when the petitioner fails to appear or show interest in pursuing the case, particularly when the subject matter of the dispute, such as a lease, has already expired.

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 toto issue writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 3rd Respondent in proceedings bearing No.4136/Q/96, dated 24.06.2009 for payment of dead rent for the period for which the Petitioner had not operated and the orders of Rectification by the Director of Mines and Geology in proceedings No.11212/R1-1/2003, dated 2.2.2010 and lease deed executed by Assistant Director of Mines and Geology in terms of the revised sketch in proceedings No.4135/Q/1996, dated 15.04.2010 and the action of 1st Respondent in dismissing the revision in Memo No.12646/M.II (2)/2010-4, dated 28.02.2014 as arbitrary, illegal, unjust and unconstitutional and in violation of Mines and Minerals (Development & Regulation) Act 1957 and A.P. Minor Mineral Concession Rules 1966 and the Memo of Government bearing No.5151/M.II(1)/2003, dated 16.11.2007, consequently direct the 1st Respondent to treat the lease period from the date of execution i.e. 25.04.2010 and adjust the amount of Rs.9 Iakhs deposited by the Petitioner towards future dead rent

IA NO: 1 OF 2014(WPMP 26993 OF 2014

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 permit the Petitioner to operate the quarry in Sy.No.1 of Addukonda village, Tekkali Mandal, Srikakulam District and issue transport permits to the Petitioner, pending disposal of the writ petition

Counsel for the Petitioner:

1. N SHOBA

Counsel for the Respondent(S):

1. GP FOR MINES AND GEOLOGY (AP)

2. GP FOR INDUSTRIES COMMERCE (AP)

The Court made the following ORDER:

This Writ Petition under Article 226 of the Constitution of India is filed for the following relief:

“……..to issue writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 3rd Respondent in proceedings bearing No.4136/Q/96, dated 24.06.2009 for payment of dead rent for the period for which the Petitioner had not operated and the orders of Rectification by the Director of Mines and Geology in proceedings No.11212/R1-1/2003 dated 2.2.2010 and lease deed executed by Assistant Director of Mines and Geology in terms of the revised sketch in proceedings No.4135/Q/1996, dated 15.04.2010 and the action of 1st Respondent in dismissing the revision in Memo No. 12646/M.II (2)/2010-4 dated 28.02.2014 as arbitrary, illegal, unjust and unconstitutional and in violation of Mines and Minerals (Development Regulation) Act 1957 and A.P. Minor Mineral Concession Rules 1966 and the Memo of Government bearing No 5151/M.II(1)/2003, dated 16.11.2007, consequently direct the 1st Respondent to treat the lease period from the date of execution i.e. 25.04.2010 and adjust the amount of Rs.9 Iakhs deposited by the Petitioner towards future dead rent and pass such other order or orders.…….”

2. As seen from the docket proceedings, at the time of admission, this Court had not granted any interim protection in favour of the petitioner.

3. Thereafter, the matter was adjourned at the instance of the petitioner, on 19.08.2024 & 09.09.2024.

4. Finally, on 02.03.2026, this Court has passed the following order:-

“No representation for the petitioner.

According to the learned Assistant Government Pleader for Mines & Geology, the quarry lease in question was expired on 23.10.2011 itself.

So as to give one more opportunity to the petitioner, post on 03