Andhra Pradesh High Court - Amravati
Venkateswara Granite, vs The State Of Andhra Pradesh, on 11 May, 2020
Author: D Ramesh
Bench: D Ramesh
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) MONDAY, THE ELEVENTH DAY OF MAY, TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE D, RAMESH WRIT PETITION No. 8565 of 2020 < ae Between :- 2 Ae a aoe WL. M/s, Venkateswara Granite, Rep. by its Proprietor Mr. Pamidi Venkata Rao, R Puram Village, Chimakurthy Mandal, Prakasam District. . Petitioner AND 1. The State of Andhra Pradesh, Industries and Commerce (Mines-Il) Department, Represented by the Secretary to Government, Room No.102, Ground Floor, Block No.2, AP Secretariat, Velagapudi, Guntur District, A.P. 2. The Director of Mines and Geology, Department of Mine and Geology, Anjaneya Towers, D.No.7-101, B-Block, 5" & 6% Floors, lbrahimpatnam, Vijayawada- 921456. 3. The Assistant Director of Mines and Geology, Department of Mine and Geology Maruti Nagar, 3% Lane, Kurnool Road, Prakasam District. 4. The District Collector and Magistrate Ongole, Prakasam District, AP-523001 5. The Tahsildar, Chimakurthy Town and Mandal, Prakasam District 6. K.Venkata Ramana,, Plot No.20, H.No.2-6-1/3, Happy Homes Colony, Near Dairy Farm, Hyderguda (post), Hvderabad-500029 7. M/s Sri Balaji Granites, Rep by its Proprietor, Chunduri Ravi Babu, S/o. . Venkateswarlu, resides at D.No.3.125c, Satvanarayana Puram, Ongole, Prakasam District. 8. M/s. Padmavathi Granites, Rep, by its Proprietor, P. V. Ramesh Babu, H.No.8-385, MM Road, Near Andhra Bank, Ongole-523002, Prakasam District. 9, M/s Golden Rocks and Minerals Private Limited, Rep. by its Proprietor, B. Krishna Chaitanya, D.No.8-33-2, Mangamur Road, Ongole-523002. 10,Smt. CM Venkata Lakshmamma, H.No,98/2, Cholai Nagar, 3rd Cross Road, Gill Nagar, Chennai-600094. 11.M/s Corner Stones, Rep. by its proprietor, M. Chitti Babu, Gandhi Nagar, 2"? Line, Chimakurthy Town and Mandal, Prakasam District, AP 12.M/s. Lakshmi Venkateswara Granites, Rep. by its Proprietor, P. V. Ramesh Babu, H.No.8-385, MM Road, Near Andhra Bank, Ongole-523002, Prakasam District. 13. Vaka Srinivasa Reddy son of Hanuma Reddy, K. Uppalapadu Village, Kondepi Mandal, Prakasam District, A.P. 14.M/s. Central Granites, Rep by its Managing Partner, Vemula Prasad, S/o. Late Bala Suhbbarayudu, No.6, Saradhi Street, T Nagar. Chennai -600017. 15.M/s Venus Granites, Rep. by its Managing Partner, SK. Yousuf Basha, 4/59, Bharathi Street, Swarnapuri, 5" Road, Salem, Tamilnadu State. ..Respondents. 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 direction or Order or writ, more in the nature of Writ of Mandamus, declaring the inaction of the Respondents 1 to 3. in not granting the quarry lease to the Petitioner, on Petitioner s quarry lease application dated 12.02.1997, for quarry iease/ Prospecting Licence, over 7-06 acres of land situated in Survey No.65/1A of RL Puram Village of Chimakurthy Mandal of Prakasam District, as arbitrary, illegal, discriminatory, unjust and unconstitutional and to consequentially direct the Respondents 1 to 3, to grant quarry lease Prospecting Licence to the Petitioner over 7-O6acres of land, situated in Survey No.65/1A of RL Puram Village of Chimakurthy Mandal of Prakasam District. Contd..2.... \|.A No. 1 of 2020 :- Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of W.P., the High Court may be pleased to direct the Respondents 1 te 3, not to grant any Quarry Lease/Prospecting Licence, to any of the Respondents 6 to 45 over 7- Nacres of land situated in Survey No.65/1A of RL puram Village of Chimakurthy Mandal of Prakasarn District, pending disposal of W.P.No. 8565 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri T. Sreedhar, Advocate for petitioner and of the Govt. Pleader for Mines and Geology on behalf of respondent Nos. 1 to 5, the Court made the following ORDER :
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"Heard learned counsel for the petitioner and learned Government Pleader for Mines and Geology.
Learned counsel for the petitioner is permitted to take out personal notice to official respondents 1 to 5 and unofficial respondents 6 to 45 in any of the recognized modes and file proof of service on 16.06.2020. Respondent Nos.1 to 5 are directed not to grant any lease to the third parties till such time.
Post on 16.06.2020."
SD/- P.VENKATA RAMANA ASSISTANT REGISTRAR / / TRUE COPY// SECTION FICER To.
1. The Secretary to Government, State of Andhra Pradesh, Industries and Commerce (Mines-I1) Department, Room No.102, Ground Floor, Block No.2, AP Secretariat, Velagapudi, Guntur District, A.P. ?.The Director of Mines and Geology, Department of Mine and Geology, Anjaneya Towers, D.No.7-101, B-Block, 5" & 6" Floors, lbrahimpatnam, Vijayawada-521456, Krishna District.
3.The Assistant Director of Mines and Geology, Department of Mine and Geology, Maruti Nagar, 3 Lane, Kurnool Road, Prakasam District.
4. The District Collector and Magistrate Ongole, Prakasam District, AP-523001
5. The Tahsildar, Chimakurthy Town and Mandal, Prakasam District
6.K.Venkata Ramana,, Plot No.20, H.No.2-6-1/3, Happy Homes Colony, Near Dairy Farm, Hyderguda (post), Hvderabad-500029
7.Chunduri Ravi Babu, 5/0. Venkateswarlu, Proprietor, M/s Sri Balaji Granites, resides at D.No.3.125c, Satvanarayana Puram, Ongole, Prakasam District.
8.P.V. Ramesh Babu, Proprietor, M/s, Padmavathi Granites, H.No.8-385, MM Road, Near Andhra Bank, Ongole-523002, Prakasam District.
9.B. Krishna Chaitayna, Proprietor, M/s Golden Rocks and Minerals Private Limited, D.No.§-33-2, Mangamur Road, Ongole-523002.
10.Smt. CM Venkata Lakshmamma, H.No,98/2, Cholai Nagar, 3rd Cross Road, Gill Nagar, Chennai-600094, Tamilnadu State.
41.M. Chitti Babu, Proprietor, M/s Corner Stones, Gandhi Nagar, 2" Line, Chimakurthy Town and Mandal, Prakasam District, AP
12.P.¥. Ramesh Babu, Proprietor, M/s. Lakshmi Venkateswara Granites, H.No.8-385, MM Road, Near Andhra Bank, Ongole-523002, Prakasam District. Contd...3...
13.Vaka Srinivasa Reddy Son of Hanuma Reddy, K. Uppalapadu Village, Kondepi Mandal, Prakasam District, A.P. 14,Vemula Prasad, $/o. Late Bala Subbarayudu, Managing Partner, M/s. Central Granites, No.6, Saradhi Street, T Nagar. Chennai -600017, Tamilnadu State.
15.SK. Yousuf Basha, Managing Partner, M/s Venus Granites, 4/59, Bharathi Street, Swarnapurt, 5 Road, Salem, Tamilnadu State. (Addressee Nos. 1 to 15 by RPAD)
16.Two CCs to the G.P. for Mines & Geology, High Court of A.P., (QUT)
17.One CC to Sri T. Sreedhar, Advocate(OPUC)
18.One spare copy.
TKK HIGH COURT DR.J / DT.1 1-05-2029 ORDER / W.P.No. 8565 of 2020.
DIRECTAON