IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Maheswara Rao Kuncheam, J
VALLURUPALLI SATYA GNANA PRASUNAMBA – Appellant
Versus
THE STATE OF ANDHRA PRADESH – Respondent
WRIT PETITION NO: 10995 OF 2026
| Table of Content |
|---|
| 1. challenge to the jurisdiction of a tahsildar to recommend cancellation of a mining lease granted by a competent authority. (Para 1 , 2 , 3 , 4) |
| 2. admission by the state that an administrative communication was issued beyond the jurisdictional powers of the officer. (Para 5) |
| 3. setting aside of an administrative order issued without statutory jurisdiction while preserving the right of competent authorities to act according to law. (Para 6) |
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 an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus declaring the action of the 3rd Respondent Tahsildar, Gannavaram Mandal, Krishna District, in issuing/recommending the proceedings vide Rc.No.A/563/2025 dated 08.01.2026 addressed to the 4TH Respondent (District Mines and Geology Officer, Krishna District, Vijayawada) recommending cancellation of the Petitioners lawful quarry lease granted in respect of Ac.5.00 cents in R.S.No.860/1 of Vedurupavuluru Village, Gannavaram Mandal, Krishna District, as illegal, arbitrary, mala fide, without jurisdiction and without authority of law, inasmuch as the 3rd respondent has no statutory authority or jurisdiction under the A.P. Minor Mineral Concession Rules, 1966 to interfere with or recommend cancellation of a quarry lease granted by the competent mining authority, and as being violative of the principles of natural justice and the petitioner constitutional rights guaranteed under Articles 21 and 300-A of the Constitution of India, and consequently set aside the said proceedings Rc.No.A/563/2025 dated 08-01- 2026 and pass
IA NO: 1 OF 2026
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 STAY the operation of the proceedings vide Rc.No.A/563/2025 dated 08.01.2026 issued/recommended by the 3rd Respondent Tahsildar, Gannavaram Mandal, Krishna District to the Respondent (District Mines and Geology officer, Krishna District, Vijayawada), recommending cancellation of the Petitioner’s lawful quarry lease granted over an extent of Ac.5.00 cents in R.S.No.860/1 of Vedurupavuluru Village, Gannavaram Mandal, Krishna District, and consequently direct the Respondents not to interfere with the Petitioner’s lawful quarry mining operations in the said patta land, pending disposal of the present Writ Petition and pass
The Court made the following order:
ORDER:
The instant writ petition has been filed under Article 226 of Constitution of India seeking the following main prayer:
“to issue an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus declaring the action of the 3rd Respondent Tahsildar, Gannavaram Mandal, Krishna District, in issuing/recommending the proceedings vide Rc.No.A/563/2025 dated 08.01.2026 addressed to the 4th Respondent (District Mines and Geology Officer, Krishna District, Vijayawada) recommending cancellation of the Petitioners lawful quarry lease granted in respect of Ac.5.00 cents in R.S.No.860/1 of Vedurupavuluru Village, Gannavaram Mandal, Krishna District, as illegal, arbitrary, mala fide, without jurisdiction and without authority of law, inasmuch as the 3rd respondent has no statutory authority or jurisdiction under the A.P. Minor Mineral Concession Rules, 1966 to interfere with or recommend cancellation of a quarry lease granted by the competent mining authority, and as being violative of the principles of natural justice and the petitioner constitutional rights guaranteed under Articles 21 and 300-A of the Constitution of India, and consequently set aside the said proceedings Rc.No.A/563/2025 dated 08-01- 2026 and pass…..”
2. Heard Ms.K.V.N.Pallavi, counsel representing Mr.N.V.Mohana Rao, learned counsel for the petitioner, as well as the learned Gover
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