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//