Telangana High Court
M/S Gurudatta Minerals vs The State Of Telangana on 1 April, 2024
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION Nos.31314 and 31225 of 2023
COMMON ORDER:
Writ petition No.31314 of 2023 is filed seeking the following relief:
"...to issue a writ in the nature of Mandamus declaring the the inaction of respondent No.2 in considering the application of the Petitioner firm dated 07.09.2000 and granting mining lease for Quartz and Feldspar over an extent of land admeasuring land admeasuring 9.817 hectares of Forest land in Compt No.443 in Cherkur Reserve forest, Cherukuru beat, Nagarkurnool range, Veldanda Mandal of Achampet Division, Nagarkurnool District to the Petitioner as being illegal, arbitrary and unconstitutional and consequently to direct respondent No.2 to consider the of the Petitioner firm dated 07.09.2000 and to grant mining lease for Quartz and Feldspar over an extent of land admeasuring 9.817 hectares of Forest land in Compt No.443 in Cherkur Reserve forest, Cherukuru beat, Nagarkurnool range, Veldanda Mandal of Achampet Division, Nagarkurnool District..."
Writ petition No.31225 of 2023 is filed seeking the following relief:
"....issue a writ in the nature of Mandamus declaring the inaction of respondent No.2 in considering the application of the Petitioner firm dated 04/02/2021 and granting mining lease for Quartz and Feldspar over an extent of land admeasuring 9-4208 hectares of Forest land in Compt No.435 of Mudwin Reserve Forest, Eekuvaipally Beat, Kandukur Range of Amangal Division falling in Cherikonda Pattikalwakurthy Sivar Village, Kadthal Mandal, Ranga Reddy District to the Petitioner as being illegal, arbitrary and unconstitutional and consequently to direct respondent No.2 to consider the of the Petitioner firm dated 04/02/2021 and to grant mining lease for Quartz and Feldspar over an extent of land admeasuring 9-4208 hectares of Forest land in Compt No.435 of Mudwin Reserve Forest, Eekuvaipally Beat, Kandukur Range of Amangal Division falling in Cherikonda Pattikalwakurthy Sivar Village, Kadthal Mandal, Ranga Reddy District..."2
2. As the issue involved in these writ petitions is one and the same, for the purposes of convenience, they are being heard together and disposed by way of this common order.
3. For the sake of convenience, the facts are referred to as mentioned in W.P.No.31314 of 2023.
4. It is stated that the petitioner is a firm and it has filed a quarry lease application, dated 07.09.2000 before respondent No.2 for Quartz and Feldspar over an extent of land admeasuring Acs.161-27 guntas in Compt No.443 in Khasara No.301 of Cherukuru Village, Veldanda Mandal, Nagarkurnool District along with applications as stipulated under Section 2 of the Forest (Conservation) Act, 1980. The case of the petitioner is that respondent No.2 addressed a letter vide letter No.208765/R23/2019, dated 13.01.2022 to respondent No.4 stating that respondent No.3 has recommended the petitioner firm for grant of Quarry lease for Quartz and Feldspar over an extent of land admeasuring Acs.24-00 guntas in Sy.No.301 of Cherukuru Village, Veldanda Mandal, Nagarkurnool District and the application filed in Form-I by the petitioner 3 firm has been forwarded for issue of Forest Clearance for grant of Quarry Lease. It is the further case of the petitioner that respondent No.4 in turn issued a letter vide Rc.No.11261/2021/FCA-6(i), dated 09.02.2022 to the petitioner requesting to deposit an amount of Rs.4,500/- towards verification and authentication charges of DGPS Survey Data and accordingly, it has deposited a demand draft for the aforementioned amount and addressed a letter, dated 02.06.2022 to respondent No.4 stating the details of the alternate land for compensatory afforestation. The grievance of the petitioner is that even though the Quarry lease application was filed on 07.09.2000 and even though the petitioner has completed all necessary steps and continuously communicated with the respondents, so far no action has been taken by respondent No.2.
5. Heard learned counsel for the parties and perused the record.
6. Since the grievance of the petitioners in both the writ petitions is that no action has been taken on the application submitted by them, respondent No.2 is directed to examine the same and pass appropriate orders thereon 4 in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order and communicate the same to the petitioners in both the writ petitions.
7. With the above directions, these writ petitions are disposed of. There shall be no order as to costs.
Miscellaneous Petitions, if any, pending in these writ petitions shall stand closed.
___________________________ C.V. BHASKAR REDDY, J Date: 01.04.2024 sus