High Court · 2025

Sri Sri Sri Swayambhu Kalyana Laksmi, Venkateswara Swamy and An.ianeya Swamv Temole.' Complex, Charitable Trust, Amadabakula village, Rep by its Foundi:r Chairman tvl. krishnaiah S/o. Late Pedda Buchanna, aged about 70 years, Occ Contractor, Ryo. Amadabakula village, Kothakota Mandal, Wanaparthy District' .....PETITIONER AND

1. The State of Telangana, Rep. by its Principal Secretary, Mines and Geology Department, Secretariat, Hyderabad.

2. The Director of Mines and Geology, State of Telangana, Hyderabad. 3. The Assislant Director, Mines and Geology, Wanaparthy. 4. The District Collector, Wanaparthy District, Wanaparthy. 5. The Tahsildar, Kothakota Mandal, Wanaparthy District. 6. The Statron House Officer, Kothakota Police Station, Kothakota, Wanaparthy District.

7. The Executive Engineer, lrrigation Division No.-V, Pebbair, Wanaparthy District.

8. The Assistant Commissioner, Endowments, Mahabubnagar Office at Mahabubnagar.

9. Rumandla Shivaleela, Wo. Late R. Mallikarlun, aged about 56-y-ears, Occ - Business, Rl/o. H. No. 5-514, Kurnool Road, Kothakota (V and M)' Wanaparthy District. Petition under Arlicle 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an order or direction more particularly one in the nature of writ of .....RESPONDENTS Mandamus dec arir rl .hat the action of the 2nd and 3rd t'esporrdents in going ahead with the (:(,n deration of the renewal application said to have been submitted by the 91h ,:spondent for seeking renewal of mining lease in respect of the land in Sy. N,: 1.0, admeasurrng Ac.32.12 guntas situated at I'madabakula village, Kothakota I/; f dal, Wanaparthy District though the origin:l nining lease which was grantec rr der G.O. It/s. No. 51, dated O2-O?-2O02 was lapsed for non- conducting any min n I operation over the above land for a periorJ rf :,:0 years and further though tlre 2n I and 3rd respondents are not competent au.hority to renew the above lapsed rri' ing lease unless, until the original leaseholCet obtains the orders for survival of he said original mining as required under RLlle 28 and 28-A of the Mineral Corcer:; on Rules, 1960 from the Government and ihcugh the said mining is very nea' o the Yenukunta Balancing Reservoir- which ,,vas recently constructed by the G -,vernment under Rajiv Lift lrrigation Scherre, Government lvlodel School whir;lr r r.rnstructed in the yeat 2013, the residential ho stel for Girls which was constnrolr rj in the yeat 2015 and a Sub Station con;tn rcted by the Electricity Depart'rre rt in lhe year 2017 and recently develop,ed the old Shivalayam by the vill:qers with the permission obtained frorn 8th resrrondent and though the said minrr q lease is contrary to the report of the 5th resl:,ondent vide letter No. 8/32812l2:, dated 15-O2-2O23 and also against the latest letter datedl9-03-2025 alc'essed by the 2nd respondent to the 3rd .espondent, as illegal, unlawful, clr trary to law and consequently direct the 2rrd and 3rd respondents not rorre l the mining lease in respect of the above lanc in favour of the 9th responden . ry luly consrdering the report of the 51h respondernt dated 15- 02-2023 and also h, r latest report dated 19-03-2025 as submittecl by the 3rd respondent to the 2 rc 'espondent vide letter No.6921M12022- t.A.NO :1 QF 2025 Petition Unce r ;ection 151 CPC praying that in the circumstanr;es stated in the affidavit filed r s upport of the petition, the High Court may br: pleased to direct the 2nd an,i 3 1 respondents and 6th respondent not to pe"mit the gth respondent to prooe )d with the mining operation in respect tf the land in Sy.No.20 at Amir<la rakula village, Kothakota Mandal, Wanaparlhy District, pending disposal cf rn rin writ petition. Counsel for the Petitioner : SRI M.DAMODAR REDDY Counsel for the Respondent Nos.1 to 3 : AGP FOR MINES AND GEOLOGY Counsel for the Respondent Nos.4 & 5 : SRI SRIDHAR BUVANAG|RI, AGp FOR HOME Counsel for the Respondent No.7 : G.P FOR tRRlcAT-lON AND COMMAND AREA DEVELOPMENT Counsel forthe Respondent No.8: G.P FOR ENDOWMENTS Counsel for the Respondent No.9 : SRI N.BHUJANGA RAO The Court made the following ORDER I _l I HON'ELE SRI JUSTICE K. LAKSHMAN WR.I' t'PETITION No.12OO4 of 2o25 ORDER: Heard S-j i/!. Damodar Reddy, learned counscl ibr the petitioner, k:ar:tr,:1 Assistant Government pleader f,tr lMines and Geolo$' zrll ,.aring for respondent Nos.1 to ll, lt,arned Assistant Gor c l tment Pleader lor Revenue appeErrilg for respondent N o5 ,1 and 5 and Sri Sridhar Bn..,a. ragiri, learned Assistan. Government pleader for Home a1tp.:aring for respondent I! ,,6, learned Assistant Governmerrt pieader for Irrigation tn I Command Area Developmellt zrJrprraring for respondenl N .7, learned Assistant GovernrlerLt p. eader for Endo'u,r,rrter. rr appearing for respondent No.g and Sri N. Bhujanga lliro, learned counsel for responden: 1,o.9. 2 Tl-ris writ rcrr tion is filed seeking the following relier : to issue au or rler or direction more particularlv on,: in tL e nature of $Ir t of Mandamus declaring that the a,-tior. rtf the 2"a a1l I (, respondents in going ahead with tl- t: consideration of the renewal application said to h,rre been subnLitt I by the 9,h respondent for seeking rene.virl of. mining le rser in respect of the lar-rd in 5y No. Z(), adrneasrrrin 51,\ c.32. 12 guntas situated at Amad"abak;lar village, l{ot,t: !:ota Mandal, War-raparthy District thoug-r -origin:1 n ning lease which was granted under G Z Ms.No.51 l: recl 02.O2.2OO2 was lapsed for non conductin6, ;u . mining operation over the above l:rncl lor KL,J w P No.12OO4 of 2025 2 a penod of 20 years ar1d further though the 2nd and 3rd respondents are not competent authority to renew the above lapsed mining lease unless, untl the original leaseholder obtains the orders for survival of the sard origrnal mining as required under Ruie 2g and 2gA of the Minera-l Concession Rules 196O frorir the Government and though the said mining is very near to the Yenukunta Balancing Reservoir which was recentiy constructed by the Government under Rajiv Lift Irrigation Scheme, Government Model School which construcied in the year 2013, the residential hostel for Girls which was constructed in the year 2015 arrd a Sub Station constructed by the Electricity Department in the year 20_17 and recently developed the old Shivalayarn by the villagers with the permission obtained frorrl grh respondent and though the said mining lease is contrar5r to the report of the 5th respondent vide letter No. 8/328/2023 dated 15.02.2023 ar1d also against the latest letter dated 19.O3.2O25 addressed by the Z"a respondent to the 3.d respondent as illegal, unlawful, contrary to law and consequently direct the 2nd arld 3rd respondents not renew the mining .lease in respect of the above land in favour of the grh respondent by duly considering the report of the Srh respondent dated 15.02.2023 ar-rd also the latest report dated 19.03.2025 as submitted by the 3.d respondent to the 2"d respondent vide letter No.692 /Ml2O22 ald pass such other order or orders.

3. Respondent No.7 has filed counter contending that vide proceedings, dated 23.07.2024 issued 1n favour of respondent No.9 and an agreement, dated 27.O7.2024 was also entered. Learned Assistant Government pleader for Mines and Geolo$/ has produced written instructions of the Assistart Director of Mines and Geolog/ in the same lines.

4. In the light of the above, Sri M. Damodar Reddy, learned counsel for the petitioner seeks permission of this I \ KL,J \\ I' N 1200. ot 2025 3 Court to u'it r<1 :rrv the present Writ petition with :r lrberty to challenge tl'rr proceedings, dated . 23.07.2t)24 and agreement, d,red 27.O7.2024 issued in lavour of respondent ltlo (). He has also made an endorsetnerrt to the said effect on tlre bundle.

5. Permis sic n is accorded.

6. Graltin,.:; liberty AS sought, this Writ p..-trtrcin is dismissed asr u ithdrawn. No costs. As a se,q -rel, the miscellaleous petitions. if any, l pending in th: rVrit Petition shall stand closr:cl. //TRUE coPY// ? sD/-P. C{. NA(]A BHUSHAMBA DEPI'T"/ REGlsrlRl: .i i \ t I sEcloNoFFlcER To - - - - " "': DEVELO,ME\T Hioh Court for the atale of i;;;g""" at Hyde,rabad. tOUTr Hyderabad. [OLtT ],t 33;l"rf I;l l# ENDowMENrs, Hish court ror the starte or reransana lff":"";::3:+ "h

1. Two CCs to GF, F OR MTNES AND GEOLOGY, Hi[t Court fo-tt_,e State of ^ Telangana at ,lyc erabad. [OUT] 2 lyo ccs to G.r) r:oR tRRiGATiOT nruo CoMMAND AREA 3. Two CCs to G F, I )i HOME, hrigrr Court for ti,f3,"," of Tetangana at t t 6. One CC to SRt I/ )A|VODAR REDDY, Advocate tOpUCl 7. one cc to SRt N IHUJANGA RAo;il;;;" i6Er"l 3 ?,li 33 3;[lt't ,DHAR BUVANncrni ni,"]i! 1oFucl Yy REVENUE, Hish court ror the Srate or rer,ansana at SA BS HIGH COUR"]' KL,J DATED:241Ot.12025 ORDER WP.No.1200a of 2025 * c J 6t: 1 -,:'-.: l,\ \ 2 3 (i\1 illT i) \: -1." 't.' \ {.T:'l:::::,i P C) "t DISMISSING THE W.P AS WITHDRI\WN WITHOUT COSTS. qo) \6 LOQ \1-