(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT (SPECIAL ORIGINAL JURISDICTION) TUESDAY, THE SECOND DAY OF FEBRUARY, TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 120 OF 2021

Between:

M/s Srinivasa Stone Crusher, Represented by its Proprietor Sri Vavilapalli Srinivasa Rao, Vavilipalli Peta Village, Rapaka Post, Ponduru Mandal, Srikakulam District.

...Petitioner

AND

• 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.
• 2. The Director of Mines and Geology, 5^th Floor, Anjaneya Towers, Ibrahimpatnam, Vijayawada, Krishna District.
• 3. The Deputy Director of Mines and Geology, Visakhapatnam, Visakhapatnam District.
• 4. The Assistant Director Mines and Geology, Srikakulam.
• 5. The Deputy Director of Mines & Geology, Srikakulam, Srikakulam, District.
• (R5 is impleaded as per C.O. dt:2/2/2021 in I.A.2/2021)

...Respondents

WHEREAS the Petitioner above named through its Advocate Sri S.SRINIVASA RAO presented this 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 an appropriate writ, order or direction more particularly one in the nature in WRIT of MANDAMUS to declare the action of the 4^th Respondent in not considering our application for Renewal of Quarry Lease for Road Metal and Building Stone for over an extent of 1.250 Hectares in Survey No 335 of Rapaka Village, PonduruMandal, Srikakulam District vide my application 15.3.2018 and Renewal of Stone Crusher Unit vide application 7.11.2020 and the 3^rd and 4^th Respondents are not undertaking any survey by verifying the old records as per the 2ⁿ Proceedings No.1072/SKLM/R1/2018 Dated 25.6.2018 which is highly, arbitrary, unjust, and contrary to law and violations of Principles of Natural Justice and contrary Articles 300-A, 14 and 21 of Constitution of India and consequently direct the 4^th Respondent to forthwith consider our applications Dated 15.3.2018 and 7.11.2020 for Renewal of License and pass such other order or orders as this Honble Court may deems just and proper in facts and circumstances of case to meet the ends of justice.'

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri S.Srinivasa Rao, Advocate for the Petitioner and GP for Mines for the Respondent Nos. 1 to 4, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

• 1. The Principal Secretary, Mines and Geology Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District, State of Andhra Pradesh.
• 2. The Director of Mines and Geology, 5^th Floor, Anjaneya Towers, Ibrahimpatnam, Vijayawada, Krishna District.
• 3. The Deputy Director of Mines and Geology, Visakhapatnam, Visakhapatnam District.
• 4. The Assistant Director Mines and Geology, Srikakulam.
• 5. The Deputy Director of Mines & Geology, Srikakulam, Srikakulam, District.

are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted.

IA NO: 1 OF 2021

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 4^th Respondent to forthwith consider our applications dated 15.3.2018 & 7.11.2020 for Renewal of lease License, and renewal of MDL (Stone Crusher) for operating the stone crusher for the period from 19.11.2020 as per the norms of Govt of Andhra Pradesh, and not to take any coercive action by the $3^{rd}$ & $4^{th}$ Respondents in pursuance of ineffective Demand Notice vide Dated 2.1.2018, pending disposal of WP No. 120 of 2021, on the file of the High Court.

The Court made the following: ORDER:

"Notice before admission returnable in four (4) weeks.

There shall be interim direction, directing the $4^{th}$ and $5^{th}$ respondent to consider the application filed by the petitioner on 15.3.2018 and 07.11.2020 for renewal of lease license, and renewal of MDL (Stone Crusher) for operating the كعن<del>و/ s</del>tone crusher for the period from 19.11.2020 in accordance with rules, within <del>foru</del> (4) weeks from the date of receipt of a copy of this order.

Post after four (4) weeks."

//TRUE COPY//

Sd/-P.VenkataRamana DEPUTY REGISTRAR SECTION OFFICER

$\boldsymbol{\wedge}$

To,

• 1. The Principal Secretary, Mines and Geology Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District, State of Andhra Pradesh.
• The Director of Mines and Geology, 5^th Floor, Anjaneya Towers, Ibrahimpatnam, Vijayawada, Krishna District.
• 3. The Deputy Director of Mines and Geology, Visakhapatnam, Visakhapatnam District.
• 4. The Assistant Director Mines and Geology, Srikakulam.
• 5. The Deputy Director of Mines & Geology, Srikakulam, Srikakulam, District. (Addresses 1 to 5 by RPAD- along with a copy of petition and affidavit)
• 6. One CC to Sri. S.Srinivasa Rao, Advocate [OPUC]
• Two CCs to GP for Mines, High Court of Andhra Pradesh. [OUT]
• 8. One spare copy

MM

HIGH COURT

DR

DATED:02/02/2021

NOTE: POST AFTER FOUR WEEKS

NOTICE BEFORE ADMISSION

WP.No.120 of 2021

INTERIM DIRECTION