APHC010252912022 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: 15149 OF 2022 Between:

1. Mr.Manne Bharath Kumar Reddy, S/o.Subba Reddy, aged 30 Years, R/o.7-12, Nehru Nagar, Near Nehru Sharada School, Dhone, Kurnool District, Andhra Pradesh.

...Petitioner AND

1. The State of Andhra Pradesh, Represented by its Principal Secretary (Industries and Commerce Department), Secretariat Building, at Velagapudi, Guntur District, Andhra Pradesh.

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

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

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

5. The Tahsildar, 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 issuing auction notice of the 1st Trench Dated 11.05.2022 to be held

30.05.2022 onwards in the applied area of the petitioner (application Dated. 16.07.2016) for Quarry Lease for Quartzite and Gravel in Survey No.1260 (Old Sy No. 702/Z) at Dhone Village and Mandal of Kurnool District to an Extent of 04.640 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 despite of No Objection from the Revenue Department Dated. 26.09.2017 in RC.B/251/2017 as highly illegal, arbitrary, unconstitutional also oppose to Articles 14, 19 (1) (g), 246 and 265, 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-Ill) Department dated 04.08.2021 for grant of mining lease for Quartzite and Gravel in Survey No.1260 (Old Sy No. 702/Z) at Dhone Village and Mandal of Kurnool District to an Extent of 04.640 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 04.08.2021 further, stay of all further proceedings pursuant to the auction notice of the 1st Trench Dated 11.05.2022 to be held 30.05.2022 onwards in the applied area of the petitioner (application Dated. 16.07.2016) (shown at SI No. 84 of the notification) for Quarry Lease for Quartzite and Gravel in Survey No.1260 (Old Sy No. 702/Z) at Dhone Village and Mandal of Kurnool District to an Extent of 04.640 Hectors pending disposal of the lease application of the petitioner Dated.

16.07.2016 and to 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.1