(Prayer: 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 a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondent authorities in not extending the time for submission of Annual Mining Plan (AMP), Environmental Clearance (EC), Consent for Establishment (CFE) Consent for Operation (CFO) by considering the Petitioner's representations dated 27.01.2026, 17.07.2025 as per Rule 12 (1) (b) (iii) (iv) of APMMC Rules,1966, as amended by G.O.Ms.No.100 Industries Commerce (Mines-III) Department, dated 26.06.2025, as arbitrary, illegal, violative of the provisions of APMMC Rules, 1966, violative of principles of natural justice and violative of Article 21 and 19 (1) (g) of the Constitution of India and to consequently direct the Respondent authorities to extend the time for the Petitioner to submit Annual Mining Plan (AMP), Environmental Clearance (EC), Consent for Establishment (CFE) Consent for Operation (CFO) as per Rule 12 (1) (b) (iii) (iv) of APMMC Rules,1966, as amended by G.O.Ms.No.100 Industries Commerce (Mines-III) Department, dated 26.06.2025 and pass)

1. The writ petition is filed under Article 226 of the Constitution of India, seeking the following main prayer:

               “…..declaring the action of the Respondent authorities in not extending the time for submission of Annual Mining Plan (AMP), Environmental Clearance (EC), Consent for Establishment (CFE) Consent for Operation (CFO) by considering the Petitioner's representations dated 27.01.2026, 17.07.2025 as per Rule 12 (1) (b) (iii) (iv) of APMMC Rules,1966, as amended by G.O.Ms.No.100 Industries Commerce (Mines-III) Department, dated 26.06.2025, as arbitrary, illegal, violative of the provisions of APMMC Rules, 1966, violative of principles of natural justice and violative of Article 21 and 19 (1) (g) of the Constitution of India and to consequently direct the Respondent authorities to extend the time for the Petitioner to submit Annual Mining Plan (AMP), Environmental Clearance (EC), Consent for Establishment (CFE) Consent for Operation (CFO) as per Rule 12 (1) (b) (iii) (iv) of APMMC Rules,1966, as amended by G.O.Ms.No.100 Industries Commerce (Mines-III) Department, dated 26.06.2025 and pass…..”

2. Heard Sri G. Sai Narayana Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Mines & Geology.

3. The petitioner is native of Sundruputtu, Paderu Mandal, Alluri Sitarama Raju District (Erstwhile Visakhapatnam District) is represented by G.P.A. holder.

4. Learned counsel for the petitioner, referring to the averments made in the writ affidavit inter alia, submits that the petitioner applied for quarry lease in Form-P for the laterite mineral over an extent of 12.670 hectares in Sy.No.01(p) of Dokkuluru Village, G.K.Veedhi Mandal, Alluri Sitarama Raju District (Erstwhile Visakhapatnam District).

5. While so, he submits that the 2nd respondent issued Letter of Intent (LOI) vide Notice No.28792/R1-3/2017 dated 21.12.2017 in favour of the petitioner and also asked the petitioner to submit all prerequisite documents such as approved mining plan along with Consent For Establishment (CFE), Environmental Clearance (E.C), from the concerned authorities within a period of (6) months from the date of issue of that notice as per Rules in vogue.

6. Learned counsel submits that consequent to the said Letter Of Intent (LOI), the petitioner sought time to submit the above stated prerequisite documents to the 2nd respondent and the said extension proposal was also forwarded to the Government under Rule 4(1)(G) of A.P. Minor Mineral Concession Rules, 1966, and in turn, the 1st respondent vide Memo dated 15.10.2024, granted extension of time up to 25.10.2025.

7. He submits that later on, the petitioner applied for Environmental Clearance (EC) before the competent authority and the same is still pending due to administrative exigencies, more particularly, for non-conduction of public hearing and other requisite measures by the concerned authority.

8. He also stated that the petitioner had also made a representation dated 17.07.2025 for the extension of query lease application again, but as there was no response and in view of the same, the petitioner was constrained to institute W.P.No.26384 of 2025, before the Hon’ble Division Bench, seeking direction against the concerned respondents to complete statutory clearance i.e., conducting the public hearing and issuance of Environmental Clearance (EC) and during the pendency of the writ petition, counter was filed by the District Collector in W.P.No.26384 of 2025, pending before the Hon’ble Division Bench stating that environment public hearing would be conducted on 04.03.2026.

9. Learned counsel submits that upon knowing that the environment public hearing is scheduled on 04.03.2026, the petitioner made representation dated 27.01.2026 seeking extension of submission of prerequisite documents, and as there is no action from the 2nd respondent, the previously extended time for submission came to an end by 25.10.2025. According to the learned counsel for the petitioner, the petitioner made all possible efforts by running from pillar to post in order to submit all prerequisite documents as per the 2nd respondent's Letter Of Intent dated 21.12.2017, but the same remained futile. Learned counsel for the petitioner also relies on Rules 12(1) (b) (iii) & (iv) in G.O.Ms.No.100 dated 16.06.2025 issued by the Government of A.P., which also empowers the 1st respondent to extend the time. Hence, the present writ petition.

10. Conversely, learned Assistant Government Pleader for Mines & Geology submits that initially the 2nd respondent sought documents, but the petitioner could not produce the same within the stipulated time and the respondent authorities had not processed the same. She further has not disputed the filing of counter by the concerned District Collector in the W.P.No.26384 of 2025 and also about the pending representations of the petitioner.

11. Apparently, G.O.Ms.No.100 Industries & Commerce (Mines-II) Department dated 26.06.2025 was issued by the Government of A.P and the relevant Rules 12 (1) (b) (iii)(iv) of the said G.O. are extracted hereunder:-

               “XXI. In Rule 12

               (1) , For sub-rule (1), the following shall be substituted, namely:

               (1) Grant of Leases in Government Lands

               (a) Mineral listed in Part A of Schedule IV………………..

               ……………………………………………………………….

               (b) Minerals listed in Part B of Schedule IV i……………

               ii…………..

               iii. The LOI Holder shall submit Mining Plan, Environmental Clearances (EC) issued by the competent authority and Consent for Establishment (CFE) issued by the competent authority of APPB along with payment of 2nd instalment of Upfront Amount equivalent to 2 times of Annual Dead Rent within two (2) years for issue of grant for proposed lease area.

               iv. Provided that Director may allow further period of two (2) years provided that the applicant applies for extension of time along with AMP, acknowledgement in token of filing application for grant of Environmental Clearance, and payment of Rs. 1,000 (one thousand) in the Head of Account prescribed by the Government, before expiry of the period stipulated for submission of AMP, EC and CFE.

               v……………… ”

12. A plain reading of the above provision goes to show that the authorities may extend the time so as to submit the statutory clearances i.e., Environmental Clearance (EC), Consent For Establishment (CFE) and Consent For Operation (CFO) on certain terms. In a nutshell, the respondent authorities, by virtue of G.O.Ms.No.100 dated 26.06.2025, are empowered to extend the time to receive the statutory prerequisite documents from the petitioner.

13. In view of the aforesaid facts and circumstances coupled with the un- equivocal statutory measures referred to above, the 2nd respondent is hereby directed to consider the representations dated 17.07.2025 and 27.01.2026 of the petitioner and pass appropriate speaking orders in terms of the G.O.Ms.No.100 Industries & Commerce (Mines-II) Department dated 26.06.2025, on or before 04.03.2026, since the date of public auction is scheduled on 04.03.2026. The 2nd respondent shall also communicate the said orders to the petitioner.

There shall be no order as to costs. As a sequel, all pending applications shall stand closed.