THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.27141 of 2025

ORDER

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology appearing for respondent Nos.1 to 4. With their consent, this writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition has been filed seeking the following prayer:-

“...to issue a writ, order or direction more so one in the nature of Mandamus declaring the inaction on the part of the Respondents more particularly the 1^st Respondent herein in not disposing of the Online Quarry Lease application dated 13.03.2025 with regard to the Quarry lease area legally and validly held by the Petitioner in an extent of 4.90 Hectares in Sy.No.285/1 of Kotmarpally Village, Marpalle Mandal, Vikarabad District as illegal, arbitrary, contrary to the provisions of the T.S. Minor Mineral Concession Rules, 1966 and consequently direct the 1st Respondent herein to dispose of the same within a fixed period of time, in the interest of mineral development, law and justice...”

3. Brief facts stated in this writ petition are that the then Government of Andhra Pradesh vide G.O.Ms.No.40 Industries and Commerce (Mines-I) Department, dated 16.02.2005, granted mining lease to the petitioner for extraction of the Minerals–White Clay and Laterite, in an extent of 6.0 hectares in Survey No.285/1 of Kotmarpally Village, Marpalle Mandal, Ranga Reddy District, for a period of 20 years. Thereafter, a Lease Deed was executed and the petitioner was permitted to commence the mining operations for White Clay and Literite for a period of 20 years i.e., from 17.03.2005 to 16.03.2025. It is further submitted that in the year 2014, because of certain circumstance beyond the control of the petitioner, the Mining lease got lapsed and the petitioner has filed an application under Rule 28(1) of the Mineral Concession Rules, 1960 and the respondent authorites vide Memo bearing No.10457/M.II/ 2013-2 dated 18.12.2014, granted permission to the petitioner to conduct the mining operation for the balance left over lease period i.e., upto 16.03.2025. Thereafter, the petitioner had obtained Environmental Clearance Certificate dated 16.10.2015 from the Office of State Level Environment Impact Assessment Authority, Telangana State, Government of India, Ministry of Environment, Forest and Climate Change and the same is valid for a period of 13 years or the expiry of Mining lease period, whichever is earlier. On 27.05.2016, the petitioner had obtained Consent Order for operation from the T.S.P.C.B Zonal Officer, Hyderabad. Later, a fresh consent order dated 02.12.2021 was also obtained. The case of the petitioner is that since the lease period will come to an end on 16.03.2025, the petitioner through online, has filed renewal application on 13.03.2025, duly paying the renewal fees, user charges and application fee for an amount of Rs.8,84,300/- in terms of the G.O.Ms.No.26, dated 31.03.2022. Thereafter, respondent No.2, vide notice No.LOI/R/VKB/0029 dated 13.03.2025, requested the petitioner to submit scrutinized Quarry plan along with the environmental clearance and consent orders from the concerned authorities, within a period of (06) six months from the date of notice. Thereafter, the petitioner on 20.03.2025, along with a challan for Rs.5000/- had submitted the draft Quarry plan and requested to renew the license, however, till date the petitioner’s application dated 13.03.2025 is not considered. Aggrieved by the same, this writ petition is filed. 4. Learned Assistant Government Pleader for Mines and Geology appearing for respondent Nos.1 to 4 has draws attention of this Court to the notice dated 13.03.2025 issued by respondent No.2, relevant portion is extracted hereunder:-

“As per TSMMC Rules, 1996 the renewal applicant is requested to submit Scrutinized Quarry Plan along with Environmental Clearance; Consent for Establishment and Consent for Operation from the aut