HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
W.P.No. OF 2019
Between:
Bombuthula Srinivas Yadav, S/o.Pitchaiah
Aged about 44 years, Occ : Business
R/o.H.No.11-194/1, Dachepalli Village and Mandal
Guntur District, A.P.
…Petitioner
And
1. The State of Andhra Pradesh, rep. by its
Principal Secretary, Mines and Minerals Department
A.P.Secretariat, Velagapudi
Amaravati, Guntur District.
2. The Director of Mines and Geology
Vijayawada, Krishna District.
3. The Assistant Director of Mines and Geology
Nadikudi Village, Dachepally Mandal
Guntur District.
… Respondents
AFFIDAVIT OF THE PETITIONER
I, Bombuthula Srinivas Yadav, S/o.Pitchaiah, Aged about 44 years, Occ :
Business, R/o.H.No.11-194/1, Dachepalli Village and Mandal, Guntur District, A.P., do
hereby by sincerely and solemnly swear on an oath and states and affirm as follows:
1. I am the petitioner herein and as such I am well acquainted with the facts of the
case.
2. I submit that this Writ Petition is being filed seeking Writ of Mandamus,
declaring the action of the Respondents in failing to consider the Mining Lease
application of the petitioner dt.27.08.2014 submitted under Mee-seva Proforma in
spite of submitting the documents along with challan No.4112, dt.16.08.2014 and the
application dt.02.12.2014 for grant of lease of Ac.35.00 cents covering Sy.Nos.13/1,
13/2, 15, 711 to 714, 716 and 717 situated at Naidukudi Village, Dachepalli Mandal,
Guntur District, as illegal, arbitrary and contrary to the provisions of the Act and
consequently direct the Respondents to forthwith finalize the application for grant of
mining lease proceedings of the petitioner by duly considering the documents
submitted by the petitioner.
3. I respectfully submit that I belong to Nadikudi Village of Dachepalli Mandal in
Guntur District. I humbly submit that on coming to know of the issuance of
G.O.Ms.No.183, dt.18.11.2014 issued by the 1 st respondent herein in regard to the
cancelling the existing lease of mining in certain Survey Numbers of Nadikudi Village
earlier granted in favour of M/s.Andhra Cements for various reasons either in respect
of not commencing the business, not maintaining the records of production and data
mining plan etc., I made an application to the 1 st respondent herein through Mee-
seva vide Receipt No.173338, dt.27.08.2014 and accordingly paid the challan on
16.08.2014 through proper channel and thereafter by submitting the proper
application along with documents on 02.12.2018 including the tax clearance
certificates requested for grant of mining lease of Mosaic Chips.
4. I humbly submit that the application has been kept pending by the authorities
for various reasons. In the meanwhile the local Political Leaders, in order to see that
my application shall not be considered by the authorities, having failed to get any
proper renewal by 2013 and not complying the terms and conditions of lease by the
Lessee M/s.Andhra Cements Ltd., and the non-compliance of part of the lease area
having been cancelled under a valid G.O. No.183, dt.18.11.2014, got mounted
applications through Political Binamies subsequent to my lease applications. I further
submit the local political leaders also enticed the earlier lessee whose lease was
cancelled for default on various grounds and got published the above mentioned
G.O., was directed to file a Writ Petition in the Hon’ble High Court in W.P.No.38952
of 2015, dt.13.11.2015 whereby challenged the G.O.Ms.No.183, dt.18.11.2014 before
the Hon’ble High Court at Hyderabad and the same was kept pending without any
orders of stay as on date. However the Hon’ble High Court was pleased to order
notices to the Officials and the same is pending as having no counters filed in the
above said Writ Petition.
5. I humbly submit that during the pendency of the last two years I have been
requesting the authorities as to what happened to my pending application for grant
of mining lease by filling applications under R.T.I. Act. On 25.07.2017 the 3 rd
respondent herein has finally issued a notice by RPAD to me stating that in
consideration of my mining lease application as referred to in the proceedings
Lr.No.4364/Q/2014, dt.25.07.2017 for grant of quarry lease for Mosaic Chips in an
extent of Ac.35.00 cents/ 14.164 hectars in Sy.No.13/1, etc., of Nadikudi Village of
Dachepalli Mandal, Guntur District, directed me to deposit an amount of
Rs.1,50,000/- excluding for survey report of Rs.4,000/- by acknowledging our earlier
application fee and survey charges of Rs.1,500/- paid under Challan No.4112,
dt.16.08.2014.
6. I submit that pursuant to the said proceedings of the 3 rd respondent in
directing me to pay the difference application fee and deposit, I have paid the
necessary amounts by submitting an application/representation dt.10.08.2017 under
acknowledgment stating that I have paid the necessary amounts and the same may
be considered. I submit that thereafter the authorities have kept quite having
received all my application and necessary deposits without any valid reason. I
submit that upon filing an application under RTI Act, on 16.11.2017 in requesting the
authorities to find out and inform as to the status of my application for grant of
lease, I was informed by the 3 rd respondent vide Letter No.3304/RTI/2005,
dt.29.11.2017 that the earlier lessee company M/s.Andhra Cements had filed a Writ
Petition challenging the cancellation of lease to a certain part and the said Writ
Petition is pending and our application will be processed only after receipt of the final
orders from the Government and the Hon’ble High Court.
7. I submit that I have clearly mentioned in this Writ Petition in foregoing
paragraphs that once the lease of earlier lessee was cancelled legally by Government
under G.O.Ms.No.183, dt.18.11.2014 for various reasons including for illegal mining
and non-payment of royalty and default, apart from other defaults, the same was not
challenged by the earlier lessee for quite some time. It is only after my first
application was received by the authorities, the then political leaders in order to see
that my application shall not be considered, enticed the local political leaders and
also the earlier lessee to challenge the above mentioned G.O. formally, to see that no
further steps on my application for grant of mining is consider. I submit that till date
there is no order from the Hon’ble High Court staying the G.O.Ms.No.183
dt.18.11.2014 as the lease was already terminated and surrendered the land having
found illegal mining’s. I further humbly submit that pursuant to my application the
authorities have conducted the survey and seems to have submitted the report also
and for various reasons could not finalize the application due to local political
pressure. The reasoning given by the 3 rd respondent that my application will be
considered only after finalization of the Writ Petition in the Hon’ble High Court, is only
roose to avoid my application for consideration.
8. I submit that it was broadly highlighted for several years in Dachepalli Area
that after g rant of mining lease to M/s.Andhra Cements several illegal mining’s were
conducted at the behest of local political leaders duly the said period and the same is
now taken as a roose in order to stall my proceedings for consideration. There is no
other reason for the respondents in not considering my application to grant my lease
having conducted the survey and allowed the difference application fee and security
deposits etc. I further submit that very curiously the 3 rd respondent has also further
informed me vide his Proceedings Letter dt.03.11.2018 reiterating the same that my
case will be considered after finalization of proceedings in the High Court and also on
the revision application of the earlier lessee before the Government filed under Rule
28 (2) of M.C. Rules 1960 for renewal. Therefore, it is quite clear from the
proceedings of the 3rd respondent that somehow in order to avoid legal consideration
of my lease application, brought into existence the alleged renewal application for the
first time. Once the earlier lessee has not applied for renewal before 2013, by which
time his lease was ending and when the lease was cancelled for certain defaults and
the same were not rectified and culminated into cancellation, question of renewal
application and the same be a ground for non-consideration of my lease application
does not arise and therefore, unless the authorities are directed to consider my lease
application in terms of the documents de hors the pending Writ Proceedings etc.,
there is no likelihood of considering my application in future. Hence this Writ
Petition.
9. I further declare that in the circumstances stated supra, I have no other
effective and efficacious alternative remedy except to invoke the extraordinary
jurisdiction vested in this Hon’ble Court by Article 226 of the Constitution of India.
10. I submit that I have not filed any writ petition, suit or other proceedings for
the relief or relieves sought herein.
It is therefore prayed that this Hon’ble Court may be pleased to issue an
appropriate Writ, Order or Direction, more particularly one in the nature of Writ of
Mandamus, declaring the action of the Respondents in failing to consider the Mining
Lease application of the petitioner dt.27.08.2014 submitted under Mee-seva Proforma
in spite of submitting the documents along with challan No.4112, dt.16.08.2014 and
the application dt.02.12.2014 for grant of lease of Ac.35.00 cents covering
Sy.Nos.13/1, 13/2, 15, 711 to 714, 716 and 717 situated at Naidukudi Village,
Dachepalli Mandal, Guntur District, as illegal, arbitrary and contrary to the provisions
of the Act and consequently direct the Respondents to forthwith finalize the
application for grant of mining lease proceedings of the petitioner by duly considering
the documents submitted by the petitioner de hors the pending any other
proceedings and to pass such other order or orders as this Hon'ble Court may deem
fit and proper in the circumstances the case.
It is further prayer that this Hon’ble Court may be pleased to direct the
Respondents to forthwith finalize the application for grant of mining lease
proceedings of the petitioner dt.25.08.2014 by duly considering the documents
submitted by the petitioner de hors the pending any other proceedings, pending
disposal of the Writ Petition, and to pass such other order or orders as this Hon'ble
Court may deem fit and proper in the circumstances the case.
Sworn and signed before me
on this the day of July, 2019
at Amaravati DEPONENT
ADVOCATE/AMARAVATI
VERIFICATION
I, Bombuthula Srinivas Yadav, S/o.Pitchaiah, Aged about 44 years, Occ :
Business, R/o.H.No.11-194/1, Dachepalli Village and Mandal, Guntur District, A.P., do
hereby verify that the above contents of the affidavit from paras are true and correct
to the best of my knowledge and belief and that I have not suppressed any material
facts.
Hence verified on this the day of July, 2019 at Amaravati.
ADVOCATE DEPONENT
Memorandum of Writ Petition
(Under Article 226 of the Constitution of India)
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)
W.P.No. of 2019
Between :
Bombuthula Srinivas Yadav, S/o.Pitchaiah
Aged about 44 years, Occ : Business
R/o.H.No.11-194/1, Dachepalli Village and Mandal
Guntur District, A.P.
…Petitioner
And
1. The State of Andhra Pradesh, rep. by its
Principal Secretary, Mines and Minerals Department
A.P.Secretariat, Velagapudi
Amaravati, Guntur District.
2. The Director of Mines and Geology
Vijayawada, Krishna District.
3. The Assistant Director of Mines and Geology
Nadikudi Village, Dachepally Mandal
Guntur District.
… Respondents
The Addresses of the petitioner for service of all notices and process etc., is
that of his Counsel SRI N.RAVI PRASAD, (6069) Advocate, R/o.Flat No.101,
Comfort Homes, Near Iiland Road, Chinna Kakani, Mangalagiri Mandal, Guntur
District.
For the reasons stated in the accompanying affidavit, it is prayed that this
Hon’ble Court may be pleased to issue an appropriate Writ, Order or Direction, more
particularly one in the nature of Writ of Mandamus, declaring the action of the
Respondents in failing to consider the Mining Lease application of the petitioner
dt.27.08.2014 submitted under Mee-seva Proforma in spite of submitting the
documents along with challan No.4112, dt.16.08.2014 and the application
dt.02.12.2014 for grant of lease of Ac.35.00 cents covering Sy.Nos.13/1, 13/2, 15,
711 to 714, 716 and 717 situated at Naidukudi Village, Dachepalli Mandal, Guntur
District, as illegal, arbitrary and contrary to the provisions of the Act and
consequently direct the Respondents to forthwith finalize the application for grant of
mining lease proceedings of the petitioner by duly considering the documents
submitted by the petitioner de hors the pending any other proceedings and to pass
such other order or orders as this Hon'ble Court may deem fit and proper in the
circumstances the case.
AMARAVATI.
Dated : .07.2019 COUNSEL FOR THE PETITIONER
Memorandum of Writ Petition Misc. Petition
(Under Section 151 of C.P.C.)
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
I.A.No. of 2019
IN
W.P.No. OF 2019
Between:
Bombuthula Srinivas Yadav, S/o.Pitchaiah
Aged about 44 years, Occ : Business
R/o.H.No.11-194/1, Dachepalli Village and Mandal
Guntur District, A.P.
…Petitioner
And
1. The State of Andhra Pradesh, rep. by its
Principal Secretary, Mines and Minerals Department
A.P.Secretariat, Velagapudi
Amaravati, Guntur District.
2. The Director of Mines and Geology
Vijayawada, Krishna District.
3. The Assistant Director of Mines and Geology
Nadikudi Village, Dachepally Mandal
Guntur District.
… Respondents
For the reasons stated in the accompanying affidavit, it is prayed that this
Hon’ble court may be pleased to direct the Respondents to forthwith finalize the
application for grant of mining lease proceedings of the petitioner dt.25.08.2014 by
duly considering the documents submitted by the petitioner de hors the pending any
other proceedings, pending disposal of the Writ Petition, and to pass such other
order or orders as this Hon'ble Court may deem fit and proper in the circumstances
the case.
AMARAVATI.
Date : .07.2019 COUNSEL FOR THE PETITIONER
1. Copy of Application for mining lease along with Mee-seva receipt, challan
and Sworn Affidavit, dt.23.08.2014
2. Copy of G.O.Ms.No.183, dt.18.11.2014
3. Copy of G.O.Ms.No.81, dt.01.06.2017
4. Copy of Proceedings of the 3rd respondent, dt.25.07.2017
5. Copy of Challan along with enclosed letter with translation, dt.10.08.2017
6. Copy of Survey Report of the Tahsildar along with Notice, dt.15.06.2016
7. Copy of Proceedings of the 3rd respondent under RTI Act, dt.29.11.2017
8. Copy of Proceedings of the 3rd respondent ynder RTI Act, dt.03.11.2018
9. Copy of Statement of pending quarry lease applications.
To Date : 10.08.2017
B.Jaganadha Rao, A.D.
Mines and Geology
Guntur,
Sir,
Sub :- Your letter No.4364/Q/14, dt.25.07.2017.
<<>>
As per the application filed for grant of quarry lease for Mosaic Chips in
Sy.No.13/1, 15, 711, etc, of an extent of Ac.35.00 in Nadikudi Village, Guntur District
for payment of difference application fee and deposit, the request made in the
reference has been paid under challan Nos.3143 for Rs.1,50,000/- and Challan
No.3140 for Rs.4,000/- and the same are enclosed herewith along with this
representation and consider the same by granting lease to me.
Yours faithfully
Sd/-xxx
B.Srinivas Yadav
//TRANSLATION FROM TELUGU//
MINERAL CONCESSION APPLICATION FORM
Application Details:
Type of application - Other Quarry Lease
Category of the mineral applied - Minor (in case of GQL, MQL and QQL)
Name of the Mineral Applied - MOSAIC CHIPS
Category of Application – Fresh Application
Applicant Details :
Whether individual Firm : Individual
Name of the Applicant : Bombothula Srinivas Yadav
State : Andhra Pradesh
Door No.11-194/1m Dachepalli Mandal, Guntur District, Pin code – 522 414, Mobile
No. : 9000982325
Pan Card No. of the Company : BLRPB 0604 E
Location of the Applied Area:-
District : Guntur Mandal : Dachepalli Village : Nadikudi
Category of Land : Govt. land
Khasra/Survey No. 13/1, 13/2, 15, 711, 712, 713, 714, 716 and 717
Extent Applied (in Hectares/In quare Kilometer : 14.163 Hectars.
Application Fee details :
Challan No.4112 Date of Challan : 16.08.2014 Amount paid Rs.1500/-
DDO Coded : 0612 1307001
Deposited Amount Details :-
D.D.No……………. Date of D.D…………. Deposited amount ……………..
Name of the Bank……………
Postal Address :
Door No.11-194/1, Locality/Land Mark : Muthyalampadu Road, State : AP, District :
Guntur, Mandal : Dachepalli, Village/Ward : Dachepalli, Pin Code : 522 414./
Representative Details :
Representative Name : B.Srinivas Yadav
Relation/Designation : Self
Representation Mobile No. : 9000982325
Documents List :
Meeseva Application
Form A (Only for RP)/Form B (Only for PL, QQL/Form-1
IPCC/Affidavit only for RP, PL, ML
MDCC/Affidavit
Sketch
Challan
DD (Only GQL & MQL)
Upload Passport Size Photo
//NEAT COPY//
