Andhra Pradesh High Court - Amravati

M/S. Rbssds And F And N Das, vs State Of Andhra Pradesh, on 18 February, 2021

Bench: D Ramesh

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATL¢:
(SPECIAL ORIGINAL JURISIDICTION)
THURSDAY , THE EIGHTEENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE D RAMESH

WRIT PETITION NO: 16714 OF 2020
Between:
M/s. RBSSDS and F and N Das, Rep. by its General Manager/Authorised person, Sri
Addala Vishwanath Naidu, S/o. Seshagriri Naidu, age 60 years, R/o.Sri Ram Nagar
P.O., Garividi, Vizianagaram District. :

Petitioner
AND

1. State of Andhra Pradesh,, Rep. by its Principal Secretary, Industries and _.

Commerce (M.!) Dept. AP. Secretariat, Velagapudi, Guntur District. .

Director of Mines and Geology,, Government of Andhra Pradesh, lbrahimpatnam,

Krishna District.

Assistant Director of Mines and Geology,, Vizianagaram, Vizianagaram District.

The Secretary to state of Andhra Pradesh,, Industries and Commerce (MI) Dept.

AP Secretariat, Velagapudi, Guntur District.

Union of India, Rep by its Principal secretary, Government of India, Ministry of .

Mines, Sashtry Bhawan, New Delhi

ae Secretary to Government of India,, Ministry of Mines,Sashtry Bhawan, New
elhi

Oo a FO N-

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 writ, order or direction more particularly one in the nature of WRIT OF
MANDAMUS directing the 4th Respondent to implement its positive recommendations
passed in favour of petitioner which were addressed and sent to the 6th respondent
through letters nos. 5549/M.III(2)/2017 DT. 25/09/2017, letter no. 5549/M.111(2)/2017
DT. 13/06/2019 for the legitimate mining lease extension rights of our company under
where the 6th respondent competent authority ratified the said recommendations and
advised the State Government to take necessary action as per 8A(6) of the Mines and
Minerals Development and regulation Act 1957 where the 6th respondent sent direction
under letter no. 11/17/2020-M.VI Government of India Ministry of Mines Letter dt.
30/07/2020 in view of interim orders passed by this Honourable court in 1.A.1/2020 in
WP. No. 8147/2020 order dt. 20/05/2020 under where the respondents pleased to
grant of period of 50 years after excluding the period of non-operation, not in
possession and in possession of Government in view of reservation for exclusive
exploitation of public sector vide G.O.Ms.No.5 Industries and Commerce Department,
dated 5.1.1978 and de-reservation of Manganese bearing area in Vizianagaram District
vide G.O.Ms.No.345, Industries and Commerce Department,dated 27.08.1994 and in
terms of lease deed executed in G.O.Ms.No.214 and G.O.Ms.No.303 Industries and
Commerce (M.l) Department, dated 11.07.1994 in terms of the judgment of the Hon'ble
High Court in W.P.No.19711/96 dated 10.12.1996 and W.P.No.19710/96 dated
23.12.1996 and not passing the orders of calculation of 50 years in terms of Sec.8A(3)
of Mines and Minerals (Development and Regulation) Amendment Act 2015 under
where the respondents failed to perform their legitimate duties in passing mining lease
rights in favour of the petitioner as arbitrary, illegal, unjust and unconstitutional, in
violation of Sec.8 A (3) of Mines and Minerals (Development and Regulation) Act 1957
as amended by the Act 10 of 2015 and A.P. Minor Mineral Concession Rules 1966 and
consequently direct all the respondents to grant mining lease hold rights in favour of the
petitioner including to direct the respondents that they shall not go for open E-auction
after 31.03.2020 pertains to petitioner lease hold rights situated in area of Extent 101.45
Acres in Survey Numbers 24,25 and 62/P of Devada Agraharam Village of Garividi
Mandal, Vizianagaram District was sanctioned in favour of petitioner for a period of 20
years through lease deed executed on 08/03/1968 and which will be in force if
considered for extension as per the provision under Section 8A(6) of the Amendment
Act as per the judgment dt.04/04/2016 of the Honourable Supreme Court in W.P (C).No.
114/14 since the lease is for non-captive purpose and since renewal has been filed
within time and is not rejected so far then lease will be in force till 31/03/2020 and if the

period of 50 years is considered w.e.f. the date of original grant of the lease duly
exempting the period of 6 years 321 days (from 08/03/1988 to 23/01/1995) during which
the area was not actually under the possession of the lessee the lease rights will be
extended up to date 23/01/2025

IA_NO: 1 OF 2020

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 pass an
order to permit the petitioner to conduct mining operations in area of Extent 101.45
Acres in Survey Number 24, 25 & 62/P of Devada Agraharam Village of Garividi
Mandal, Vizianagaram District with the previous terms and conditions as discharged by
petitioner prior to 31/03/2020 pertains to the subject matter of lease hold rights covered
under positive recommendation letters nos. 5549/M.111(2)/2017 DT: 25/09/2017 and
another letter no. 5549/M.III(2)/2017 DT: 13/06/2019 for the legitimate mining lease
extension rights of the petitioner sent by the 4th respondent which were sanctioned and
ratified by the 6th respondent competent authority who advised the State Government
to take necessary action as per 8A(6) of the mines and minerals development and
regulation Act 1957 where the 6th respondent sent direction under letter no.
11/17/2020-M.VI Government of India Ministry of Mines Letter dt: 30/07/2020 in view of
interim orders passed by this Honourable court in |.A. 1/2020 in W.P. No. 8147/2020
order dt: 20/05/2020 pending disposal of WP 16714 of 2020, on the file of the High
Court.

IA NO: 2 OF 2020

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 all
the respondents shall not go for open auction after 31/03/2020 pertains to the subject
matter of lease hold rights covered under positive recommendation letters nos.
5549/M.1I(2)/2017 DT: 25/09/2017 and another letter no. 5549/M.1II(2)/2017 DT:
13/06/2019 for the legitimate mining lease extension rights. of the petitioner sent by the
4th respondent which were sanctioned and ratified by the 6th respondent competent
authority who advised the State Government to take necessary action as per 8A(6) of
the mines and minerals development and regulation Act 1957 where the 6th respondent
sent direction under letter no. 11/17/2020-M.VI Government of India Ministry of Mines
Letter dt: 30/07/2020 in view of interim orders passed by this Honourable court in IA.
1/2020 in W.P. No. 8147/2020 order dt: 20/05/2020, pending disposal of WP 16714 of
2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of Dr Majji Suri Babu, Advocate
for the Petitioner and of GP for Mines and Geology for the Respondent Nos 1 to 4, the
Court made the following.

ORDER:

Learned counsel for the petitioner stated that in an identical matter in WP No.16781 of 2020, dated 04.01.2021, this Hon'ble Court has passed an interim direction i.e., directed to maintain 'status quo'.

In view of the above, there shall be an interim direction to the respondents to

maintain'status quo as on today and post along with WP No.16781 of 2020 side by side.

Post after three (03) weeks.

In the meanwhile, respondent are directed to file counters. A a7 f™ ~

Sd/-B.NarsingaRao

STANT REGISTRAR HTRUE COPY// ASSIST fs F SECTIO OFFICER

-ee EVIVENAI

TVR

CON A a fF WO N

_ The Principal Secretary, Industries and Commerce (M.I) Dept. State of Andhra

Pradesh AP Secretariat, Velagapudi, Guntur District.

The Director of Mines and Geology,, Government of Andhra Pradesh,