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Andhra Pradesh High Court - Amravati

Trimex Sands Private Limited vs The State Of Andhra Pradesh on 6 November, 2020

Author: Kongara Vijaya Lakshmi

Bench: Kongara Vijaya Lakshmi

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction) ee

FRIDAY, THE SIXTH DAY OF NOVEMBER 7
TWO THOUSAND AND TWENTY yo

 

:PRESENT: es
THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI a

WRIT PETITION NO: 10228 OF 2020

Between:
Trimex Sands Private Limited, (formerly known as East West Mineral Sands Pvt. Ltd)
Registered office at Trimex Towers, No.1, Subbaraya Avenue, C.P.Ramaswamy Road,
Alwarpet, Chennai, Tamil Nadu - 600018, Site office at Vatsavalasa village, Gara Mandal,
Srikakulam - 532 404, Andhra Pradesh. Represented by its Authorised Signatory, Mr.
S.Sudhakaram.

...Petitioner

AND

1. The State of Andhra Pradesh, rep. by its Secretary, Industries and Commerce (M-III)
Department, Secretariat Buildings, Velagapudi, Amaravati.

2. The Director of Mines and Geology, Department of Mines and Geology, Government of
Andhra Pradesh, Sri Anjaneya Towers, D.No. 7-104, B-Block, 5" and 6" Floors,
Vijayawada, Ibrahimpatnam, Andhra Pradesh.

3. The Assistant Director of Mines and Geology, C/o P. Sri Ramulu, Tupaki Building Road,
Bodilipuram Junction, ASN Colony, Srikakulam- 532001, Andhra Pradesh

4. The Assistant Director of Mines & Geology, Plot No.287, M.C.207/G-57, H-1/P-6,
Kailasagiri Road, Near Sridevi Clinic, Visalakshi Nagar, Visakhapatnam 43.

... 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 a Writ, Order or Direction, one more particularly in the nature of Writ of Mandamus
and

A. Declare the action of the Respondents in not issuing the transit passes and royalty
permits towards the legally mined stock which was mined before 17.09.2018 as arbitrary, illegal,
unconstitutional and contrary to the mining rules and regulations,

B. Direct the Respondents to issue the transit passes for domestic sales towards the
legally mined stock of 22982 MT of Ilmenite available at the Visakhapatnam port,

C. Direct the Respondents to issue the royalty permits along with transit forms for
domestic sales towards the legally mined stock of 19283 MT of minerals available at the Plant of
the Petitioner.

&

IA NO: 1 OF 2020:

Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to direct the
Respondents to consider the representation of the Petitioner dated 19.02.2020 and
15.06.2020, pending disposal of the WP.No. 10228 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 the orders of the High Court dated 19-06-2020 & 22-10-2020 made
herein and upon hearing the arguments of Sri Avinash Desai, Advocate for the Petitioner
and of G.P. for Mines & Geology for the Respondents, the Court made the following

ORDER:

" Learned Government Pleader for Mines and Geology submits that he would get instructions with regard to the disposal of the representation of the petitioner dated 21-10-2020. :

List on 18-11-2020.
If the representation of the petitioner dated 21-10-2020 is still pending, respondents are directed to dispose of the same by the next date of hearing." Sd/- A. SURYA PRAKASH RAO DEPUTY REGISTRAR [TRUE COPY// SECTION OR ACER, To
1. The Secretary, Industries and Commerce (M-III) Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati.
2. The Director of Mines and Geology, Department of Mines and Geology, Government of Andhra Pradesh, Sri Anjaneya Towers, D.No. 7-104, B-Block, 5" and 6" Floors, Vijayawada, lbrahimpatnam, Andhra Pradesh.
3. The Assistant Director of Mines and Geology, C/o P. Sri Ramulu, Tupaki Building Road, Bodilipuram Junction, ASN Colony, Srikakulam- 532001, Andhra Pradesh
4. The Assistant Director of Mines & Geology, Plot No.287, M.C.207/G-57, H-1/P-6, Kailasagiri Road, Near Sridevi Clinic, Visalakshi Nagar, Visakhapatnam 43.

Two CCs to G.P. for Mines & Geology, High Court, A.P. [OUT] One CC to Sri Avinash Desai, Advocate [OPUC] One spare copy NO SAH HIGH COURT KVLJ DATED: 06.11.2020 NOTE: LIST ON 18-11-2020 ORDER WP.No.10228 of 2020 DIRECTION