APHC010006152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3310]

(Special Original Jurisdiction)

WEDNESDAY ,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 556/2025 Between:

J Meena ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. K RAGHU VEER Counsel for the Respondent(S):

1. GP FOR MINES AND GEOLOGY The Court made the following:

ORDER

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

“… may be pleased to issue an order, direction, writ more particularly Writ of Mandamus declaring the impugned Proceedings No.70/RQL/RM and BS/2023 dated 23.08.2024 of the 3^rd Respondent in rejecting the petitioner’s application for grant of renewal quarry lease for road, metal, building stones to an extent of 0.860 hectors in Sy.No.1072 of Basinikonda Village, Madanapalli Mandal, Anamayya District as illegal, improper, unjust, arbitrary, contrary to law and violative of principles of natural justice and set aside the same and further direct the Respondents Nos.2 and 3 to renew the Petitioner’s application dated 19.05.2023 for quarry lease of road, metal and building stones to an extent of 0.860 hectors in Sy. No.1072 of Basinikonda Village, Madanapalli Mandal, Anamayya District and pass such...”

2. The case of the petitioner in brief is that the petitioner made an application for grant of quarry lease for road, metal and building stones on 12.10.2009. The 2^nd respondent granted lease for a period of 10 years from 12.10.2009 to 11.10.2019. The petitioner filed an application on 02.07.2019 for grant of renewal of quarry lease in Sy.No.1072 of Basinikonda village, Madanapalli Mandal and her application has been processed by the respondents and called for ground reports. The 2^nd respondent issued an addendum granting lease from 24.08.2022 to 31.03.2023, thereafter neither her application renewed nor extended, then the petitioner filed W.P.No.4022 of 2023 seeking a direction from this Court to extend the lease period for not less than 5 years in Sy.No.1072 to an extent of 0.860 hectors at Basinikonda village, Madanapalli Mandal, Annamayya District.

While the matter stood thus, the 2^nd respondent issued notice for payment of seigniorage fee of Rs.12,25,300/-. Accordingly, the said amount has been paid by her on 31.03.2022 through CFMS transaction. Thereafter the 3^rd respondent issued a show cause notice dated 19.10.2023 directing the petitioner to submit explanation as to why action should not be taken to reject the quarry lease application due to public safety. Subsequently, the petitioner has submitted her detailed explanation on 25.10.2023. However, the 3^rd respondent issued the impugned proceedings No.70/RQL/RM&BS/2023, dated 23.08.2024 rejecting her renewal application in one line order on the ground that the reply submitted by her is not convincing. Questioning the same, the present Writ Petition came to be filed.

3. Heard Sri K.G.Krishna Murthy, learned senior counsel, representing Sri K.Raghuveer, learned counsel for the petitioner and the learned Government Pleader for Mines and Geology, appearing for the respondents.

4. On hearing, the learned counsel for the petitioner submits that though the petitioner has submitted an explanation, dated 25.10.2023 to the show cause notice issued by the 3^rd respondent, but without considering the same, the respondents have rejected the application of the petitioner, which is illegal and arbitrary. Therefore, learned counsel for the petitioner requests this Court to pass appropriate orders.

5. Per contra, learned Government Pleader for Mines and Geology appearing for the respondents opposed for grant of any relief in this Writ Petition and prays to dismiss the same.

6. Considering the submissions of learned counsel for the petitioner and the learned Government Pleader appearing for the respondents, without touching the merits of th