Telangana High Court
Dalmia Cement Bharat Limited vs State Of Andhra Pradesh on 28 November, 2018
HON'BLE SRI JUSTICE C. PRAVEEN KUMAR
WRIT PETITION No. 41896 of 2018
ORDER:
1) Heard learned counsel for the petitioner and learned Government Pleader for Mines and Geology.
2) The present Writ Petition came to be filed seeking issuance of writ of mandamus declaring the inaction of respondent No.1 in deciding the transfer application dated 09.01.2009 and the representations dated 26.06.2012 and 16.08.2012 by the petitioner to respondent No.1 in respect of Kotapadu Limestone Mine, admeasuring 234.032 hectares in Survey No.364 of Kotapadu village, Kolimigundla mandal, Kurnool district, as illegal and arbitrary.
3) Though various grounds are raised, learned counsel for the petitioner would submit that the transfer application is made in the month of January, 2009 and the subsequent representations dated 26.06.2012 and 16.08.2012 are pending consideration since long time and the same may be directed to be dispose of, at the earliest.
4) Learned Government Pleader for Mines and Geology would submit the request of the petitioner cannot be considered, in view of the circulars issued in the month of January, 2018.
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5) Having regard to the above, if no orders are passed in the representation dated 09.01.2009, made by the petitioner, till date, the respondents shall deal with the same and pass appropriate orders basing on the circulars, provisions of the Mines and Minerals (Development and Regulation) Act, 1957 and the Rules made thereunder, as early as possible, preferably within a period of eight (08) weeks from the date of receipt of a copy of the order. If the respondents intend to reject the representation made by the petitioner, they shall dispose of the same giving reasons for rejection.
6) There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending if any, shall stand closed.
_______________________________ JUSTICE C. PRAVEEN KUMAR Dt: 28.11.2018 vhb