Andhra Pradesh High Court - Amravati
M/S Transworld Garnet India Private ... vs Union Of India, on 3 June, 2021
Author: D Ramesh
Bench: D Ramesh
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI _. (SPECIAL ORIGINAL JURISDICTION) THURSDAY, THE THIRD DAY OF JUNE, TWO THOUSAND AND TWENTY ONE :PRESENT: : a ~ THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION Nos. 10705 and 10773 OF 2021. ~~ W. P.No. 10705 of 2021 :- Between: M/s. Transworld Garnet India Private Limited, Having its Project Offi 136/2A, Dhandi Street, C.B.Road, Srikakulam 532 001, represented by Hit "Manager Sri N. Krishnamurthy, S/o K. Nachimuthu, aged about 51 'ye Srikakulam. AY Qe "ae Rica AND Cig ae 1. Union of India, Rep. by its Secretary Ministry of Mines, Government of India, 9 v-" ' Shasty Bhavan, Dr. Rajendra Prasad Road, New Dethi 110 001. 2. The State of Andhra Pradesh, represented by its Principal Secretary (Mines and Geology), Department of Industries.and Commerce, Velagapudi. secretariat, a" 2" Block, Tulluru Mandal, Guntur District. 3. The Director of Mines and Geology, (DMG), Government of. Andhra Pradesh DNo.7-104, 5" Floors, Sri Anjaneya towers, D-Block, lbrahimpatnam -521 456, Krishna District. 4. The Assistant Director of Mines and Geology, (ADMG), Government of Andhra _ ' Pradesh, Shanti Nagar Colony, Balaga, Srikakulam, Andhra Pradesh -532001. ~ 3. The Andhra Pradesh Mineral Development Corporation, Government of Andhra . Pradesh, 294 / 1D, 100 Ft. Road, Kanuru Village, Penamaluru Mandal, ° Vijayawada-521137, Rep. by its Director. 6. The District Collector, Srikakulam District, Srikakulam. ae ... Respondents B 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 more particularly one in the nature of Writ -of Mandamus, to declare the show cause notice vide Memo No. 4337687/D1-1/2021 .--~ dt.08.03.2021 and the consequential confiscation of minerals on 11.05.2021 under mediator report is illegal, arbitrary and violation of principles of natural justice and violative of provisions of Mines and Geology Act and the rules framed therein and violative of orders of this Hon'ble court and against the settled principles of law and consequently set aside the same. Pea " LA. No. 1 of 2021 :-" - 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 respondent not to shift the confiscated stock (1) Non-magnetic tailings (Rule, Silimanite, Zircon, Leucoxene and Monazite) is approx 1,30,000 MT along the S- E boundary wall, (2) Monazite enriched tailings 911 MT stored in concrete bunker as AERB guidelines, (3) Magnetic tailings (Garnet, Ilmenite) 1,00,000 MT (traces of Rule, Zircon, Monazite and Leucoxene), (4) Ilmenite rich tailings (broken and delipidated polythene bags) 38,000 MT, (5) 'M/s. TGIPL warehouse Garnet 15,000 MT @ 1 tonne polythene bag, Silimanite -- 2400 MT @ 1 tonne polythene bag, (6) Non- Magneic tailings 50,000 MT stocked in home / own patta land in sy.no.114, 117 towards west . compound wall of M/s. TGIPL. Yellapeta (V), Gara (M), Srikakulam District from the ~~ ' petitioners site by suspending the show cause notice vide Memo No. 4337687/D1- 1/2021 dt.08.03.2021 and the confiscation order dt. 11.05.2021, pending disposal of the main writ petition and pass, Pending disposal of WP 10705 of 2021, on the file, of the High Court. D Contd..2..... W.P.No. 10773 of 2021 :- ' M/s Transworld Garnet India Private Limited, Having its Project Office at 14-9- 136/2A, Dhandi Street, C.B.Road, Srikakulam - 532 001, represented by its General Manager Sri N.Krishnamurthy, S/o K. Nachimuthu, aged about 51 years R/o Srikakulam of cs - ,..Petitioner AND _ 1. Union of India, Rep. by its Secretary Ministry of Mines, Government of India, Shasty Bhavan, Dr. Rajendra Prasad Road, New Delhi 110 001. 2. The State of Andhra Pradesh, represented by its Principal Secretary (Mines and Geology), Department of Industries and Commerce, Velagapudi Secretariat, Tulluru Mandal, Guntur District 3. The Director of Mines and Geology (DMG), Government of Andhra Pradesh DNo.7-104, 5th floors, Sri Anjaneya towers, D-Block lbrahimpatnam 521 455 Krishna District. . ' 4, The Assistant Director of Mines and Geology (ADMG), , Government of Andhra Pradesh Shanti Nagar Colony, Balaga, Srikakulam, Andhra Pradesh -532001. 5.. The Andhra Pradesh Mineral Development Corporation Government of Andhra ' Pradesh, 294 / 1D, 100 Ft. Road, Kanuru Village, Penamaluru Mandal, ~ Vijayawade, - 521137 Rep. by its Director. ae . The District Collector, Srikakulam District, Srikakulam. Ramaswamy Road, Alwarpet, Chennai, TN. India 600018. Rep by its Managing Director. - .... Respondents we a 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 more particularly one in the nature of Writ of Mandamus to declare action of 5" Respondent in issuing an E-Tender bearing no. APMDC/GEO/BSM-1/2021 dt. 19" May 2021 for the minerals 1)Garnet- 15,000 Metric Tonnes 2) ilmenite rich tailings- 38,000 Metric Tonnes 3): Sillimanite- 2,400 Metric Tonnes as illegal, arbitrary and violation of principles of natural justice and violative of provisions of Mines Act and the rules framed therein and violative of orders of this Honble Court and against the settled principles of law and consequently set aside the same. l.A. No. 1 of 2021 :- ae : 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 suspend the E-Tender bearing no. APMDC/GEO/BSM-1/2021 dt. 19° May 2021 for the 'minerals 1)Garnet- 15,000 Metric Tonnes 2) imonite rich tailings- 38,000 Metric Tonnes 3) ae 6 ok, 7. M/s.Trimex SandsPrivate Limited, Trimex Tower, No 1 Subbaraya Avenue, CP... a ert Sillimanite- 2,400 Metric Tonnes issued by the 5" Respondent, pending disposal of -. W.P.No. 10773 of 2021, on the file of the High Court. These petitions coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Ravi Cheemalapati, Advocate for the Petitioner in both petitions and of Sri N. Harinath, Assistant Solicitor General on behalf of respondent No.1 in both petitions and of the Govt. Pleader for Mines & Geology on behalf of respondent Nos.2 to 4 in both petitions and of Sri V.R. Prasanth, Standing Counsel for respondent No.5 in both petitions and of the Govt. Pleader for Revenue on behalf of respondent No.6 in both petitions, the Court made the following Contd. .3...... ORDER! ge "Learned counsel for the petitioner has submitted that now without considering the present situation, the respondents are trying to take away his stocks, which are lying in the petitioner's premises basing.on the proceedings, dated 20.08.2018, after three years. Though the petitioner has submitted a reply by speed 'post, the respondents have issued- e-mail on 10.05.2021 and on 11.05.2021 they have inspected the petitioner's premises and a mediators report was also prepared. They have also issued proceedings for sale of the stocks of the 'petitioner. . co : "Considering the urgency, the auction may go on pursuant to the proceedings, dated 19.05.2021 and the respondents are directed not to finalise. . - Post on 17. 06. 2021, for filing counter. " . ne SD/- B.PRASAD RAO ASSISTANT REGISTRAR _ poe // TRUE COPY// SECTI N GFFICER To .. 1.The Secretary, Ministry of Mines, Union of India, Government of India, ie" Shasty Bhavan, Dr. Rajendra Prasad Road, New Delhi 110 001. . 2.The Principal Secretary, (Mines and Geology), Department of Industries and. "Commerce, State of Andhra Pradesh, Velagapudi Secretariat, Tulluru Mandal, Guntur District 3.The Director of Mines and Geology (DMG), Governmerit of Andhra Pradesh, DNo.7-104, 5th floors, Sri Anjaneya towers, D-Block brahimpatnam 521 499; _. Krishna District. . 4.The Assistant Director of Mines and Geology (ADMG), FM te Jy Government of Andhra Pradesh Shanti Nagar Colony, Balaga, Srikakulam, | " Andhra Pradesh -532001. Sek . 9.The Director, Andhra Pradesh Mineral Development Corporation Government of a" . Andhra Pradesh, 294 / 1D, 100 Ft. Road, Kanuru Village, Penamaluru Mandal, ais _Vijayawade, - 521137, Krishna District. on oe 6. The District Collector, Srikakulam District, Srikakulam. : 7, :The Managing Director, M/s. Trimex SandsPrivate Limited, Trimex Tower, No 1 Subbaraya Avenue, C P Ramaswamy Road, Alwarpet, Chennai, TN.. . ~ India 600018. (Addressee Nos. 1 to 7 by RPAD) 8.Two CCs to the G.P. for Mines & Geology, High Court of A.P., at Amaravati(OUT) 9. Two CCs to the G.P. for Revenue, High Court of A.P., at Amaravati(OUT) - a 10.Two CCs to Sri N. Harinath, Asst. Solicitor General, 'High Court of A.P., at Amaravati(OUT) 11.One CC to Sri Ravi Cheemalapati, Advocate(OPUC) oe 12.One CC to Sri V.R. Prasanth, Standing Counsel(OPUC) _ - 13. One Spare copy. " roa so # TKK HIGH COURT DR.J OT.03-06-2021 ORDER
W.P.Nos.10705 and 10773 of 2021 DIRECTION ee on Na, Shy