Andhra Pradesh High Court - Amravati
Southern Rocks And Minerals Private ... vs The Government Of Andhra Pradesh, on 15 July, 2020
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI_ (SPECIAL ORIGINAL JURISIDICTION) WEDNESDAY , THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO * WRIT PETITION NO: 10457 OF 2020 Between: Southern rocks and minerals private limited, rep by its managing director P.Rama Rao 12-478A, adjacent to Industrial Estate, Kurnool road, Ongole, Prakasam District, Andhra Pradesh-523002. AND Petitioner 4. The Government of Andhra Pradesh,, Industries and Commerce (Mines-Il) Department, Represented by the Special Chief Secretary Room No.102, Ground Floor, Block No.2, A.P. Secretariat, Velagapudi, Guntur District- A.P 2. The Director of Mines and Geology,, Department of Mines and geology Anjaneya Towers, D.No.7-104, B-Block, 5" and 6" Floors, Ibrahimpatnam, Vijayawada 3. The Assistant Director of Mines and Geology., Department of Mines and Georgy Maruti Nagar, 3rd lane, Kurnool road, Ongole, Prakasam District- 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 more in the nature of Writ of Mandamus, declaring the action of the ADMG, Ongole (3rd Respondent) in not giving dispatch permits(e-permits) to the Petitioner, for the Quarry leased lands in Sy. No.59/P, 6O0/P, 101/1P, 102/1P, 102/2P and 103/P of RL Puram Village of Cheemakurthy Mandal of Prakasam District and in Survey No.988/2P of Chimakurthy Village and Mandal of Praksam District, as arbitrary, discriminatory, illegal, ultra vires, unjust, against principles of Natural Justice and unconstitutional and to set aside the same IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to issue dispatch permits to the Petitioner, for the black galaxy granited produced by the Petitioner, in its Quarry Leased Lands situated in Sy.Nos.59/P, 60/P, 101/1P, 102/1P, 102/2P & 103/P of RL Puram Village of Cheemakurthy Mandal of Prakasam District & in Survey No.988/2P of Chimakurthy Village & Mandal of Praksam District, pending disposal of WP 10457 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 the Petitioner and of GP for Mines and Geology for the Respondents, the Court made the following. ORDER:
The petitioner has approached this Court on account of the respondents not issuing dispatch permits for the Black Galaxy Granite Quarried on the basis of valid mining lease given to the petitioner in RL Puram Village, Cheemakurthy Mandal, Prakasam District. Learned Government Pleader has taken time twice on 22.06.2020 and 13.07.2020 for obtaining instructions. It appears that the delay in issuing the dispatch permits is on account of certain registers that the respondents seek to inspect. In the circumstances and by way of an interim direction, the third respondent is directed to consider the representation of the petitioner dated 10.06.2020 for issuance of dispatch permits within a period of one week from the date of receipt of this order.
Post on 23.07.2020.
Sd/- K. JAGAN MOHAN DEPUTY REGISTRAR JITRUE COPY// Pv SECTION OFFICER
4. The Special Chief Secretary, Industries and Commerce (Mines-ll) Department, State of Andhra Pradesh, Room No.102, Ground Floor, Block No.2, A.P.Secretariat, Velagapudi, Guntur District- A.P The Director of Mines and Geology, Department of Mines and geology Anjaneya Towers, D.No.7-104, B-Block, 5"" and 6" Floors, Ibrahimpatnam, Vijayawada The Assistant Director of Mines and Geology, Department of Mines and Geology, Maruti Nagar, 39 lane, Kurnool road, Ongole, Prakasam District-523002. One CC to Sri T. Sreedhar, Advocate [OPUC] Two CCs to GP for Mines And Geology ,High Court of Andhra Pradesh. [OUT] One spare copy To Onk o NV TVR HIGH COURT RRRJ DATED:15/07/2020 POST ON 23.07.2020 ORDER WP.No.10457 of 2020 DIRECTION