Andhra Pradesh High Court - Amravati
Sri Mekala Murali Mohan Reddy, Kadapa ... vs The State Of A.P.,Mines,Hyd., 5 Otrs. on 25 November, 2022
HONOURABLE SMT. JUSTICE V. SUJATHA
WRIT PETITION No.21547 of 2015
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking following relief:
"....to issue order, direction or a writ more particularly one in the nature of Writ of Mandamus declaring the action of the 4th Respondent herein in letter No.40/2015 dated 08/07/2015 in returning the document lease deed executed by the 3rd Respondent herein on behalf of the state with the petition on 19/12/2007 in pursuant to G.O.Ms.No.275, Industries & Commerce (MIII) Department, dated 18/10/2007 and not executing new lease deed as arbitrary, illegal, unjust, unconstitutional and Mineral Concession Rules, 1960 read with Mines & Minerals (Development & Regulation Act, 1957 and Registration Act, 1908 and to pass such other order or orders...)
2. Today, when the matter is taken up for hearing, learned counsel for the petitioner reiterated the contents urged in the writ petition.
3. Counter affidavit is filed on behalf of respondent No.3-The Assistant Director of Mines & Geology, wherein it is stated that the Ministry of Mines, Government of India had issued a notification in the Gazette of India, New Delhi, vide GSR No.423(E), dated 10.02.2015, declaring 31 minerals as "Minor Minerals" and accordingly, the State Government has got the powers to make rules for these 31 minerals to regulate the grant of leases under Section 15(2) of Mines and Minerals (D&R) Amendment Act, 2015.
4. It is also stated that on careful examination of the order, the State Government had delegated powers to the Director of Mines & Geology, A.P. for grant of mining leases in respect of the proposals related to the newly declared 31 Minor Minerals as per G.O.Ms.No.34, dated 14.03.2016. Accordingly, quartz is a Minor Mineral and at present registration of quartz is not applicable.
5. In view of the submission made in the counter affidavit, nothing survives for further adjudication.
6. Accordingly, this Writ Petition is closed. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, shall stand closed.
_______________ V. SUJATHA, J Date: 25.11.2022.
ASH 67 HONOURABLE SMT. JUSTICE V. SUJATHA W.P. No.21547 of 2015 Date: 25.11.2022 ASH