Andhra Pradesh High Court - Amravati
M/S. Sree Venkata Sasi Stone Crusher vs The State Of Andhra Pradesh on 21 November, 2022
Author: B Krishna Mohan
Bench: B Krishna Mohan
iN THE HIGH COURT OF ANONRA PRADESH AT AMARA (SPECIAL ORIGINAL JURISDICTION) MONDAY THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO "PRESENT: THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NOS: : 39142 AND 29143 OF 2022 we WRIT PETITION NO: 29142 OF 2022 Setween) ; NUs. Sree Venkata Sasi Stone Crusher "Rep, by fis Proprietor, Mr. G. Suclhakar., O.No. Tf-93, Oop. Seshmahal, Gajuwaks, "8 isakhapatnam, Petitioner AND }. The State of Andhra Pradesh, industries and GCammerse (Mines) Department, rep. by its Principal Secretary, Sacretariat, at Velaqgapudi, Amaravath. 2. ae Assistant Director of Mi MES: and Geology, Anakapali, Visakhapatnam PHestrict. 3. The Deouly Director of Mines. and Ge sology, Visakhapainam, Visakhapatnam Catrict, ey : Raspondents Patiion under Article 226 of the Constitution of inca is fled praying that in the circuristances stated in the affidavit fled therewith, the Bie gh Court may be neased to issue an appropriate VWiit, Oreier or Direction, more 9 arlicula ry ane in the naiure of Writ of Mandamus, declaring order of the 2 respondent dated 10.08. 2028 made in Demand Notines No 42d2/Q/2006, as arbitrary, illegal, unjust, colorable exercise of power, laconic, vidlative of oringiples of natural justice, nan-application of mind to ihe material facts, violative of the procedure contemplaied under the AP. Minor Mineral Concassinn Rules, 1865, violative of the Fundamental Rights guaraniged under Articles 14 and 48) ¥g} of the Constitution of India and consequently set aside the show cause dated 25.02.2022 and order of the 8 respondent dated 10.08.2022, issue mini mg plan; iA ND: TOF 2022 Fathtian under Section 151 CPC : is: fled praying that in the Groumslances stated in the affidavit fled in support of the petition, the High Court may be please to stay all further proomecings pursuant to the order of the 2 2° respandant dated <I) 10.08.2022 made in Demand Notice: No.4282/Q/2008, pending diaposal of WP No 29142 of 2022, on the fle of the High Court 5. ie The petifion caming an for hearing, updn perusing the Petition and the afidavit Hed in support thereof and the earlier Orders' of fhe High Court dsied 1206 2022 , 30.08.2028 & 18.10 2022 made herei and upon hearing the argurnents of Sri CV. RUDRA PRASAD. Advooste far the. Petitioner, and GP. FOR MINES AND GROLOGY for the Resnondents WRIT PETITION Ny 29443 OF 2022 ; Botweean: Sm Mis. Sree Venkata Sasi Stone Crusher, Rep: ny fs Pronriefor, Mr G. Suchekar, D.No. 17-19, Qo. Sashmahal, Gajuwaka, Visakhanatiam. . Petitions, AND 1. The State of Andhra Pradesh, in dusty ries cand Gormmerce (Mines) Depariment, rep. by its Principal Secretary, Secretarial, at Velaganudi, Amaravathl, The Assistant Director of Mines and Geology, Anakapalll, Visakhanainam- istic oo, Cistict po Respondants Petifion under Aricie 226 of the Conafifation of India praying that in the circumsianogs stated in the affidavit fed therewith, the High Court may be pleased ic Issue an appropriate Wirt, Order ar Direotion, more particularly one in the nature of Wirt af Mandamus, declaring the order of the end respormient dated O8 2022 made in Demand Notice No. S42/G/8005, as arbitrary, legal, unjust, colourable exerci se OF pce, lacomc, violative of orinci iples of naturel jushos, non-apolication af mind fo the Malerial | facts, violative of the pronadure conler mplated under the A.P. Minor Mineral Concession Rules, 1986, violative of the Fundamental Rights guaranteed under Aricies 14 and 19(1ig) of the Constitution of India and consequently act aside the shaw cause dated 23,03 2022 and order ofthe | ang respondent dated Nit .G8 2023. cantinue to issue the pearnds during the lease periacd iA Nou] GF 2022 praying thal in the circuanstances stated in ihe affidavit fied in support of the wri dion, ihe High Court may be pleased i direct the 2" responde ni iO Sus Ger wis to the petitioner pursuant fo the renewal of the lease dated 16.5.2022 by the Dy. Director of Mines & Gesfogy, Vi 'eakhapatnarn sending disnosal of the Writ Petition Ne. eSI8S G of ZIRZS, ar 'ihe fis of the High Court. Ne Petition under Section 184 CPC is 3 Hea iS No.2 OF 2022 Patition under Section 151 CPC is Hed praying that in the ciroumrsfances stated in the affidavit 'iled in support of the weil pelifian, the High Court may be pleased to stay all further pronsedings pursuant ip fhe ordar of the 2° respondent dated 08.2022 made in Demand Notios No. 54S/Q/2005, pending disposal of the Writ Patition No, 291438 of 2022, an the file of the Hi fg Gourd. " ae The petifion coming on for hearing, upon perusing the Petition and the affidavit fed i sugpart thereo! and the earlier Orders of the High Court dated 19.09.2022 & SO.O8 2022 and 18.10 2022 made herein OG Jbor hearing fhe argumenis of SRI. OY RB, RUDRA PRASAD, Advocate far the Petilioner, and GP. FOR MINES AND GEOLOGY for the Respandanis the Court made the fallowing COMMON ORDER:
"At the request of the counsel for the respondents, lst an OS. TE. 2028, under the caption * for hearing". | interim order granted earlier by this Court dated 18.10.2022 is extended UH then."
Sd M. PADMALATHA ASSISTANT REGIS TRAR TRUE SOPY!I eer Sect iON OFFICER
7. One GC te SRI OV R RUDRA PRASAD Advocate [OPUC uN z. Two COs to GP FOR MINES AND GEOLOOY ,High Court Of f Andhra Pradesh. [OUT] ee
3. One spare copy = RYR, HIGH COURT BKM DATEO RUT 2028 NOTE: LIST ON 05.12.2022, UNDER THE CAPTION © FOR HEARING"
ORDER WRIT PETITION NOS: 20142 AND 26143 OF 2022 EXTENSION OF EARLIER INTERIM ORDER . 3