M/S. Rbssds And F And N Das, vs State Of Andhra Pradesh,
2021 Latest Caselaw 947 AP

Citation : 2021 Latest Caselaw 947 AP
Judgement Date : 18 February, 2021

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 AMARAVATI,
_ | (SPECIAL ORIGINAL JURISIDICTON) fe
THURSDAY , THE EIGHTEENTH DAY OF FEBRUARY

. TWO THOUSAND AND TWENTY ONE

:PRESENT:
THE HONOURABLE SRI JUSTICE D RAMESH ANS
WRIT PETITION NO: 16736 OF 2020 RR,
Between: =

M/s. RBSSDS and F and N Das,, Rep. by its General Manager/Authorised person, 'Sti
Addala Vishwanath Naidu, S/o. Seshagriri Naidu, age 60 years, R/o.Sri Ram Nagar
P.O., Garividi, Vizianagaram District.

AND

Petitioner

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

Commerce (M.1) Dept. AP Secretariat, Velagapudi, Guntur District

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

Krishna District.

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

The Secretary to state of Andhra Pradesh,, Industries and Commerce (M.1) Dept.

AP Secretariat, Velagapudi, Guntur District.

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

Mines, Sashtry Bhawan, New Delhi

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

Oo a RO ON

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 it's positive recommendations
passed in favour of petitioner which were addressed and sent to the 6th respondent
through letters nos. 5548/M'114(2)/2017 DT. 25/09/2017, letter no. 5548/M111(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 |.A. 1/2020 in
W.P. No. 8143/2020 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.285 Industries and Commerce (M.1)
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 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 31.266 Hectors in Survey Numbers 20/P of Garividi 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 165 days (from 08/03/1988 to 19/08/1994) during

which the area was not actually under the possession of the lessee the lease rights will
be extended up to date 19/08/2024.

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 direct all
the respondents shall not go for open E- auction after 31/03/2020 pertains to the subject
matter of lease hold rights covered under positive recommendation letters nos.
5548/M.111(2)/2017 DT: 25/09/2017 and another letter no. 5548/M111(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. 8143/2020 order dt: 20/05/2020, pending disposal of WP 16736 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 and
of Sri N.Harinath, Asst. Solicitor General for Respondent Nos.5 & 6 ,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.

pn LOO ee

Sd/-B.NarsingaRao'

1. The Principal Secretary, Industries and Commerce (M.1) Dept. AP Secretariat,

State of Andhra Pradesh, Velagapudi, Guntur District

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

lbrahimpatnam, Krishna District.

oe Assistant Director of Mines and Geology,, Vizianagaram, Vizianagaram istrict.

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

AP Secretariat, Velagapudi, Guntur District.

The Principal secretary, Ministry of Mines, Union of India, Sashtry Bhawan, New