APHC010038782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3310]

(Special Original Jurisdiction)

WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 1993/2025 Between:

Shaik Habeeb Basha ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. V ROOPESH KUMAR REDDY Counsel for the Respondent(S):

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

ORDER

The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“…..declaring the action of the respondent authorities, who failed to consider the representation of the petitioner, dated 21.01.2025, in respect of not taking any steps by rejecting the applications pending in their office, for transfer the Petitioner’s quarry lease for Mica, Quartz and Feldspar over an extent of 21.598 Flectares / 53.37 Acres in Survey No.359 / Part (13.974 Hectares / 34.53 Acres) of Utukur Village and in Survey No.446 (2.909 Hectares / 7.19 Acres) and in Sy.No.460 (2.651 Hectares / 6.55 Acres) and in Survey No.461 (2.064 Hectares / 5.10 Acres) of Turimerla Village, Sydapuram Mandal, SPSR Nellore District, further entertaining the application for transfer of Petitioner’s quarry lease as illegal, arbitrary and against the Principles of Natural Justice and violation of Article 14, 21 and 300A of Constitution of India and Consequently direct the Respondent authorities not to entertain any application or initiate any transfer proceedings in respect of Petitioner’s quarry lease which was granted to the petitioner vide Proceedings No.2294/D8/2021, Dt.14.03.2024 of the Respondent No.2 and pass such other order or orders……”

2. Heard Mr.V.Roopesh Kumar Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology, appearing for the respondents.

3. On hearing, learned counsel for the petitioner reiterated the contentions which are urged in the writ petition.

4. Learned Assistant Government Pleader for Mines and Geology has submitted a copy of proceedings issued by the 1^st respondent vide Memo No.INC04-13027/2/2025-D-8, dated 23.01.2025, wherein it is stated that the District Mines and Geology Officer, SPSR Nellore is directed to enquire into the matter on genuineness of the transfer application and the representation of Sri Shaik Habeeb Basha and furnish detailed report with specific recommendations as per rules in vogue so as to enable this office to take further course of action on the subject transfer application.

5. Perused the material available on record.

6. Having regard to the submissions made by both learned counsel and upon perusal of the material available on record, this Court feels it appropriate to dispose of the writ petition directing the respondents to complete the enquiry on the transfer application and dispose of the representation dated 21.01.2025 submitted by the petitioner, in accordance with law, within a period of two (02) months from the date of receipt of a copy of this order. Till such time, the respondent authorities are directed not to entertain any transfer application in respect of petitioner’s quarry lease.

7. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs.

8. As a sequel, miscellaneous applications pending, if any, shall stand closed.

_________________________

DR. K. MANMADHA RAO, J.

Date: 29.01.2025 ARR HON’BLE DR.JUSTICE K.MANMADHA RAO Writ Petition No.1993 of 2025 Date: 29.01.2025 ARR