Andhra Pradesh High Court - Amravati
M/S Veerabhadra Mines And Minerals vs The State Of Andhra Pradesh on 26 May, 2022
HON'BLE DR. JUSTICE K.MANMADHA RAO
AND
HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.15465 of 2022
ORDER:(per Dr.KMR,J) The petitioner seeks writ of mandamus declaring the action of the respondents in putting the quarry lease application dated 05.11.2019 for an extent of 15.375 Hectors in Survey No.98/P of Jadadevi Village, Varikuntapaud Mandal, SPSR Nellore District, of the petitioner for e-auction notice inviting tender notification No.2/NLR/2022, dated 10.05.2022 of the 2nd respondent treating the application as ineligible vide sub-rule 2 of Rule 12 of G.O.Ms.No.13, Industries & Commerce (Mines - III) Department, dated 14.03.2022, as illegal and arbitrary and for a consequential direction.
2. The case of the petitioner succinctly is thus:
(a) In response to the self-employment scheme announced by the Government of Andhra Pradesh for Mining of Quarry Lease for granite and other minor minerals, the petitioner started proprietorship business in the name and style of 'Veerbhadra Mines and Minerals' and submitted quarry lease application on 05.11.2019 for Quartz over an extent of admeasuring 18.000 Hectors in Survey No.98/P of Jagadevi Village, Varikuntapadu Mandal, SPSR Nellore District and paid the requisite fee. The 3rd respondent forwarded the said application to the Tahsildar to furnish NOC for granting lease, who in turn forwarded the same to Mandal Surveyor, Revenue Inspector and 2 Village Revenue Officer to conduct detailed enquiry and also record the statements of the villagers. After conducting enquiry, they had submitted a report to the Tahsildar and after considering the same, the Tahsildar, vide his proceedings in Rc.No.B/26/2020, dated 31.03.2021, submitted report to the 3rd respondent recommending for grant of quarry lease to the petitioner. However, the 3rd respondent has not forwarded the application of the petitioner.
(b) While so, against the inaction on the part of the respondents in considering the application of the petitioner filed W.P. No.18276 of 2021 before this Court and the same was disposed of on 26.08.2021 with a direction to the respondents to consider the application of the petitioner and pass appropriate orders expeditiously but not later than three weeks from the date of receipt of the copy of the order. Pursuant to the said order, the 3rd respondent submitted proposal to the 2nd respondent for grant of quarry lease to the petitioner. Even after submitting the rectified proposal submitted by the 3 rd respondent in response to the memo issued by the 2nd respondent, the 2nd respondent has not disposed of the application so far.
(c) While so, the 2nd respondent instead of granting LOI to the petitioner on extraneous consideration of the 2nd respondent has issued notice inviting the tender vide notification No.2/NLR/2022, dated 10.05.2022 for auction of Tuqarz over an extent of 15.375 Hectors in Survey No.98/P of Jadadevi Village, Varikuntapadu Mandal, SPSR 3 Nellore District and further issued proceedings for conduction of e-auction. Hence, the present writ petition.
3. Heard learned counsel for petitioner, Sri J.M.Naidu and learned Government Pleader for Mines and Geology representing on behalf of the respondents.
4. At the time of hearing, learned Government Pleader placed on record the proceedings of the 2nd respondent vide No.2019/D8/2021, dated 09.05.2022, whereby the application of the petitioner for quarry lease was returned stating that the quarry lease application filed by M/s.Veerabhadra Mines & Minerals, over an extent of 18.000 hectares in Sy.No.98/P, Jagadevi Village, Varikuntapadu Mandal, SPSR Nellore District, is hereby disposed declared as ineligible.
5. In view of the facts and circumstances of the case and the proceedings issued by the 2nd respondent rejecting the application of the petitioner declaring as ineligible, nothing survives for adjudication in this writ petition and the same is hereby dismissed and liberty is given to challenge the proceedings of the 2nd respondent. There shall be no order as to costs. Miscellaneous petitions, if any pending, also stand closed.
__________________________ (Dr. K. MANMADHA RAO, J) ________________________________ (TARLADA RAJASEKHAR RAO, J) 26.05.2022 BSP