T
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE THIRTIETH DAY OF SEPTEMBER
O
TWO THOUSAND AND TWENTY FOUR
'fit
PRESENT
9>
THE HONOURABLE DR JUSTICE K MANMADHA RAO^Vfu V
WRIT PETITION NO: 33614 OF 2014
Between:
1. Chintalapudi Kiran Kumar, S/o. late Bhaskara Rao,
aged about 39
years, Occ: Business, R/o. D.No.11-5-45, Kalinga Road,
Srikakulam,
Andhra Pradesh.
...Petitioner
AND
1. The Government of Andhra Pradesh, Industries and
Commerce,
Department, Secretariat Buildings, Hyderabad, rep.
by its Principal
Secretary.
2. The Assistant Director, Mines and Geology Department,
Santhinagar
Colony, Srikakulam, A.P.
...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, Order or Direction, more
particularly one in the
nature of Writ of Mandamus, declaring the inaction of the 2'^^ respondent in
not issuing way bills to a tune of 1472 cum for lifting
of sand situated at
Madapa Village, Narasannapeta Mandal, Srikakulam District
despite the
direction issued' by the Director of Mines and Geology,
Government of
Andhra Pradesh in Memo No. 4059/R5-sand/2014 dated
12.08.2014,
as
arbitrary, unjust, failure to exercise power, discriminatory,
violative of the
A.P. Minor Mineral Concession Rules apart from being
violative of the
Fundamental Rights guaranteed under Article-14, 19(1)(g)
of the
Constitution of India and consequently direct the 2^^
respondent to issue
permits to a tune of 1472 cum of sand situated at Madapa
Village
Narasannapeta Mandal, Srikakulam District.
I.A. NO: 1 OF 2014 (WPMP. NO: 42047 OF 2014)
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 2"^ respondent to issue permits
to a tune of 1472 cum
of sand situated at Madapa Village, Narasannapeta Mandal,
Srikakulam
District pursuant to the orders of the Director of
the Mines and Geology
dated 12.07.2014 in Memo No.4059/R5-sand/2014, pending
disposal of the
writ petition
Counsel for the Petitioner: SRI. C V R RUDRA PRASAD
Counsel for the Respondent No. 1 & 2 : GP FOR MINES
AND GEOLOGY
(AP)
The Court made the following ORDER :
APHC010266462014
IN THE HIGH COURT OF ANDHRA
PRADESH
[3310]
AT AMARAVATI
(Special Original Jurisdiction)
MONDAY .THE THIRTIETH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 33614/2014
Between;
...PETITIONER
Chintalapudi Kiran Kumar,
AND
...RESPONDENT(S)
The Government Of Andhra Pradesh
industries And Commerce and Others
Counsel for the Petitioner:
1.C VRRUDRA PRASAD
Counsel for the Respondent(S):
1 .GP FOR MINES AND GEOLOGY (AP)
The Court made the following;
2
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 33614 of 2014
ORDER:
This Writ Petition is filed, under Article 226 of the
Constitution of India, seeking the following relief;
“...to issue a Writ Order or Direction more
particularly one in the nature of Writ of Mandamus
declaring the inaction of the 2^^ respondent in not
issuing way bills to a tune of 1472 cum for lifting of
sand situated at Madapa Village Narasannapeta
Mandal Srikakulam District despite the direction
issued by the Director of Mines and Geology
Government of Andhra Pradesh in Memo No
4059/R5sand/2014 dated 12.08.2014 as arbitrary,
unjust, failure to exercise power, discriminatory,
violative of the A P Minor Mineral Concession Rules
apart from being violative of the Fundamental Rights
guaranteed under Article14, 19(1)(g) of the
nd
Constitution of India and consequently direct the 2
respondent to issue permits to a tune of 1472 cum of
sand situated at Madapa Village Narasannapeta
Mandal Srikakulam District and to pass
2. Heard Sri T.B.L.Murthy, learned counsel representing
Sri C.V.R.Rudra Prasad, learned counsel for the petitioner and
Ms. P.Sudeepthi, learned Assistant Government Pleader for
Mines and Geology for the respondents.
3
On hearing the learned Assistant Government Pleader
3.
furnished a copy of written instructions (the remarks on Madapam
Sand Stocks, Narasannapeta Mandal, Srikakulam District)
submitted by the Assistant Director of Mines and Geology,
Srikakulam. The relevant portion is extracted hereunder;
“Further the Asst. Director of Mines and Geology,
Srikakulam vide Lr.No.2285/Q/Vg/2011, dated 27-7-2011
has requested the Deputy Director of Mines and Geology,
Visakhapatnam to fix the minimum bid amount and also to
give permission to dispose the stocks in public auction.
The Dy. Director of Mines and Geology, Visakhapatnam
vide Memo.No.2231/M/2000, dated 30-7-2011 has
accorded permission to dispose the sand stocks in public
auction iv/ith minimum upset price of Rs.3,53,280/- on the
illicit stocks of 1472 Cum. of ordinary sand stocked at
Madapam Village, Narasannapeta Mandal, Srikakulam
District.
Through this office vide Notification
No.2285/Vg/2011, dated 26-8-2011 has requested and
addressed all the Tahsildars, Mandal Parishad
Development Officers in the district put in their Notice
Board for wide publicity and auction was conducted on 13-
9-2011. During the auction, 01 person was participated in
the auction. Sri Ch. Kiran Kumar has stands as highest
bidder for Rs. 3,53,889/-.
Further, Sri Ch. Kiran Kumar has paid the total
amount of Rs.3,53,889/- The Dy. Director of Mines and
Geology, Visakhapatnam vide Medme.No.2231/Q3/2006,
dated 11-10-2011 has confirmed and directed to take
necessary action in respect of the seized stocks of ordinary
sand lying at Madapam Village of Narasannapeta Mandal,
4
Srikakulam District as per Ruie 9(h) (i) of APMMC rules,
1966.
Further, it is submitted that Sri Ch. Kiran Kumar,
the highest bideler vide his representation dated
27-3-2014, has informed that he was not able to lift
the
illegal stocks of ordinary sand awarded to him due
to the
objections with the local people and now he has resolved
all the problems and requested 'o issue necessary orders
for lifting of the ordinary sand stocks to the tune
of 1472
Cum. worth of Rs.3,53,889/- awarded through public
auction.
Further, this office vide Letter No.2285/Q/Vg/2011,
dated 31-7-2014 has submitted proposals to the Director
of
Mines and Geology, Hyderabad for issue of permit for
ordinary sand stocks to the tune of 1472 Cum. lying
at
Madapam Village, Narasannapeta Mandal, Srikakulam
District in favour of Sri Ch. Kiran Kumar, the highest
bidder.
The Director of Mines and Geology, Hyderabad
vide Memo.No.4059/R5- Sand/2014, dated 12-8-2014 has
directed this office to bring the matter to the notice
of the
District Level Committee (Sand) for ascertaining factual
field position and to obtain necessary permission from
D.L.C for issue of permits in favour of Sri Ch. Kiran
Kumar
for lifting of the seized stocks of ordinary sand to
the tune
of 1472 Cum. lying at various places in Madapam village
of
Narasannapeta Mandal, Srikakulam District keeping in
view of the auction conducted earlier for seized stocks
and
awarded to Sri Ch.Kiran Kumar."
4. Learned Assistant Government Pleader submits that in
view of the above, the cause in the writ petition does
not survive
and the same is liable to be closed.
5
5. Recording the above submissions, the Writ petition
i:
IS
closed. No order as to costs.
As a sequel, interlocutory applications, if any pending,
shall
stands closed.
Sd/. A VENU GOPALA RAO
assistant r^strar
//TRUE COPY//
SECTI^^N OFFICER
To,
1. One CC to SRI. C V R RUDRA PRASAD Advocate [OPUC]
I^radfsh. [85 Of
3. Three CD Copies
PMT
DB Section
HIGH COURT
DATED ; 30/09/2024
ORDER
WP.No.33614 of 2014
4.-,
\ 9 MAR 2025
iS>
i'S' CuiT©ni Section
^P€rsPATGW^<»^^
CLOSING THE WP
WITHOUT COSTS