Andhra Pradesh High Court - Amravati
M/S. Royal Granites, vs State Of Andhra Pradesh, on 20 January, 2021
Author: D. Ramesh
Bench: D. Ramesh
HON'BLE SRI JUSTICE D. RAMESH
WRIT PETITION No.20679 of 2020
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:
"...to issue Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent, Assistant Director of Mines and Geology, Kadapa in not issuing dispatch permits for transportation of Black Granite in survey No.846 of Matli Village, Veeraballi Mandal, Y.S.R. Kadapa District in over an extent of 1,000 Hectares in pursuant to grant of quarry lease granted by the 2nd respondent in Proceeding No.24669/R4-1/2013, dated 01.06.2015 and the work order issued by the 3rd respondent in proceeding No.1090/GOL/2015, dated 29.07.2015 as arbitrary, illegal, unjust, unconstitutional and in violation of Mines & Minerals (Development & Regulation) Act, 1957 and A.P.Minor Mineral Concession Rules, 1966 and and pass such other order or orders ..."
2. Heard learned counsel for the petitioner and learned Government Pleader for Mines & Geology appearing for the respondents. With their consent the matter is disposed of at the stage of admission.
3. Learned counsel for petitioner stated that this Court, at the stage of admission, has passed an interim order dated 18.11.2020 which reads as under:
"In the circumstances, the petitioner shall make a fresh application seeking issuance of dispatch permits and on filing such application, respondent No.3 is directed to pass orders thereon, as expeditiously as possible, preferably within a period of two weeks from the date of receipt of the application."
4. Despite of the above said direction, the respondent authorities have not considered and issued dispatch permits. 2 In view of the Appeal/Revision pending before the respondent authorities, the learned counsel for the petitioner requested to dispose of this Writ Petition, without going into the merits of the case, directing the respondents to consider the Appeal/Revision filed by the petitioner on 02.07.2019 within a stipulated time.
4. Learned Government Pleader appearing for the respondents did not refute the said submission.
5. In view of the submissions made by both counsel, the Writ Petition is disposed of directing the 1st respondent to pass appropriate orders in the Appeal/Revision dated 02.07.2019 filed by the petitioner within a period of two (2) months from the date of receipt of copy of this order after giving due opportunity to the petitioner. Pending disposal of the appeal, the respondents are directed not to take any coercive steps against the petitioner.
5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions pending if any, shall stand closed.
____________________ JUSTICE D. RAMESH Dated: 20.01.2021 B/o.
EPS 3 HON'BLE SRI JUSTICE D. RAMESH 84 Writ Petition No.20679 of 2020 20.01.2021 EPS